Garnock v Black [2005] NSWSC 1052

New South Wales Supreme Court

CITATION : Garnock v Black [2005] NSWSC 1052

HEARING DATE(S) : 7 October 2005

JUDGMENT DATE : 7 October 2005

JURISDICTION : Equity

JUDGMENT OF : Campbell J

DECISION : Interlocutory injunction granted

CATCHWORDS : CONVEYANCING - LAND TITLES UNDER THE TORRENS SYSTEM - execution against land under the Torrens system - effect of amendments made to Real Property Act in 1976 - whether writ issued after contract for sale of land is entered affects interest of the purchaser in that land - circumstances in which sheriff can, by sale under writ of execution, sell more than the interest of the judgment debtor in the land - ability of Court to protect by interlocutory injunction interest of purchaser under contract of sale, against possible sale by sheriff under a writ, at a time before the sheriff has effected any such sale - construction of section 112 Civil Procedure Act 2005 - form of interloctuory injunction - JUDGMENTS AND ORDERS - enforcement - execution against land under the Torrens system - effect of amendments made to Real Property Act in 1976 - whether writ issued after contract for sale of land is entered affects interest of the purchaser in that land - circumstances in which sheriff can, by sale under writ of execution, sell more than the interest of the judgment debtor in the land - ability of Court to protect by interlocutory injunction interest of purchaser under contract of sale, against possible sale by sheriff under a writ, at a time before the sheriff has effected any such sale - construction of section 112 Civil Procedure Act 2005 - form of interloctuory injunction

Civil Procedure Act 2005 Real Property Act 1900 LEGISLATION CITED : Real Property (Amendment) Bill 1976 Uniform Civil Procedure Rules 2005