NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: A1 Catering Services Pty Ltd v Manassen Holdings Pty Ltd [2024] NSWSC 178 Hearing dates: 19–21 February 2024 Date of orders: 28 February 2024 Decision date: 27 February 2024 Jurisdiction: Equity Before: Richmond J Decision: Prayers 3 and 4 of the amended statement of claim dismissed. Parties to provide submissions on costs. Catchwords: MORTGAGES AND SECURITIES — mortgages — duties, rights and remedies of mortgagee — retention of funds as security for costs Cases Cited: Australia and New Zealand Banking Group Ltd v Mishra [2012] NSWSC 1333 Ginelle Pty Ltd v Singh [2010] NSWSC 116 Liberty Funding Pty Ltd v Steele Smith [2004] NSWSC 1100 Overton Investments Pty Ltd v Cuzeno RVM Pty Ltd [2003] NSWCA 27 Project Research Pty Ltd v Permanent Trustee of Australia Ltd (1990) 5 BPR 11,225 Re Rudd and Son Ltd (1986) 2 BCC 98955 Liberty Funding Pty Ltd v Steele-Smith [2004] NSWSC 1100 Texts Cited: P Herzfeld and T Prince, Interpretation (Thomson Reuters, 2nd Ed, 2020) Category: Principal judgment Parties: A1 Catering Services Pty Ltd (Plaintiff) Manassen Holdings Pty Ltd (Second Defendant) Bruce Gall (Third Defendant) Representation: Counsel: A Gauja (Plaintiff) A Smith and B Kennedy (Second Defendant)
Solicitors: Taylor Rose (Plaintiff) Summer Lawyers (Second Defendant) File Number(s): 2021/45819 Publication restriction: Nil
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