Sotiropoulos - Estate Nick Angelidis [2004] NSWSC 1184

New South Wales Supreme Court

CITATION : Sotiropoulos - Estate Nick Angelidis [2004] NSWSC 1184 HEARING DATE(S) : 2 December, 2004 JUDGMENT DATE : 13 December 2004 JURISDICTION: Equity Division JUDGMENT OF : Palmer J DECISION : Plaintiff's Summons dismissed.

CATCHWORDS : MORTGAGE - DISCHARGE - CANCELLATION - Mortgage granted forty years ago - mortgagor and both mortgagees dead - letters of administration of estates of mortgagees never granted - no one interested in obtaining grant - evidence warrants conclusion that mortgage was discharged in full or mortgage debt became statute-barred - whether Court has power under s.98(1) Conveyancing Act 1919 to determine that mortgage is discharged - whether remedy available under s.32(6) Real Property Act 1900. - Conveyancing Act 1919 (NSW) - s.98 LEGISLATION CITED : - Limitation Act 1969 (NSW) - s.41, s.42, s.54 - Real Property Act 1900 (NSW) - s.32(6) - Wills Probate and Administration Act 1898 (NSW) - s.63 CASES CITED : Piromalli, In the Application of [1977] 1 NSWLR 39 Scallan v Registrar-General (1988) 12 NSWLR 514 PARTIES : Vassilios Sotiropoulos - Plaintiff FILE NUMBER(S) : SC 6439/04 COUNSEL : L.J. Ellison, J. Patey - Plaintiff SOLICITORS : Maclarens - Plaintiff

1 The Plaintiff is the Executor of the Estate of the late Nick Angelidis (also known as "Agelidis"). The Plaintiff seeks a determination: "… pursuant to Conveyancing Act s98(1) that all amounts due under mortgage registered number J282727 with Nick Agelidis as mortgagor and Sam Giannikis and Michael Manettas as mortgagees have been paid."