NSW Caselaw
New South Wales Supreme Court
CITATION : Heggies Bulkhaul v Shirlaw [2004] NSWSC 805 HEARING DATE(S) : 27 August 2004 JUDGMENT DATE : 27 August 2004 JURISDICTION: Equity JUDGMENT OF : Campbell J DECISION : Summary relief granted establishing priority of lease over mortgage. Leave to withdraw admissions refused. Stay pending appeal refused.
CATCHWORDS : CONVEYANCING - LAND TITLES UNDER THE TORRENS SYSTEM - trusts, equities and unregistered instruments and interests - unregistered lease and unregistered mortgage - no allegations of disentitling conduct - priorities dependent upon time of creation of equitable interests - PROCEDURE - miscellaneous procedural matters - withdrawal of admission in pleading made by mistake - when permitted - PROCEDURE - stay pending appeal - no undertaking as to damages offered - possibility of damage to third parties Corporations Act 2001 (Cth) LEGISLATION CITED : Real Property Act 1900 Supreme Court Rules 1970 Coopers Brewery Ltd v Panfida Foods Ltd (1992) 26 NSWLR 738 CASES CITED : Heggies Bulkhaul v Global Minerals Australia [2003] NSWSC 851 Walsh v Lonsdale (1882) 21 Ch D 9 Heggies Bulkhaul Limited - Plaintiff Kevin Shirlaw (in his own right and as Receiver & Manager of Ostabridge Pty Ltd) - First Defendant Christopher Palmer (in his capacity as Liquidator of Ostabridge Pty Ltd) - Second Defendant PARTIES : Daniel Cvitanovic (in his capacity as Receiver & Manager of Global Minerals Australia Pty Ltd) - Third Defendant Michael Jones (in his capacity as Liquidator of Global Minerals Australia Pty Ltd - Fourth Defendant The Registrar-General of NSW - Fifth Defendant Collex Pty Limited (formerly Collex Waste Management Pty Ltd) - Sixth Defendant FILE NUMBER(S) : SC 3054/04 COUNSEL : J Simpkins SC; N Kidd - Plaintiff J M Ireland QC - First Defendant PricewaterhouseCoopers Legal - Plaintiff SOLICITORS : Carroll & Associates (as agent for Leonardus Gerardus Smits) - First Defendant No appearance - Second Defendant Submitting appearances - Third to Sixth Defendants
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