NSW Caselaw
New South Wales Supreme Court
CITATION : Arrow Custodians Pty Ltd v Pine Forests of Australia Pty Ltd [2006] NSWSC 341
HEARING DATE(S) : 19/04/06 JURISDICTION : Equity Division
JUDGMENT OF : Young CJ in Eq
EX TEMPORE JUDGMENT DATE : 04/19/2006
DECISION : Order for the plaintiff that Messrs Parbery and Smith be appointed as trustees for sale of totality of considerable number of interests in land being a pine plantation. Certificates of title are to be produced by investors to trustees and cancelled. Costs to be paid out of the proceeds of sale.
CATCHWORDS : CONVEYANCING [151]- Torrens title- Cancellation and re-issuing of certificates of title- When appropriate. TRUSTEES [130]- Appointment by the court of trustees for sale- Factors to consider when choosing between proposed sets of trustees.
LEGISLATION CITED : Conveyancing Act 1919, ss 66G, 66H Real Property Act 1900, s 138
Botterill v Botterill (2000) 10 BPR 18787 Crocombe v Pine Forests of Australia Pty Ltd (2005) 219 ALR 692 CASES CITED : Johnstone v Johnstone (1902) 2 SR (NSW) (Eq) 90 Lank v Lank (1973) 21 FLR 384 R v Secretary of State for Social Services; Ex parte Association of Metropolitan Authorities [1986] 1 WLR 1
Arrow Custodians Pty Ltd (P) PARTIES : Pine Forests of Australia Pty Ltd (D1) Ausforest Limited (Receivers and Managers Appointed) (In liq) (D2)
FILE NUMBER(S) : SC 6042/05
R G McHugh and P Kulevski (P) COUNSEL : I Pike (D1) J M Hennessy (D2)
Blake Dawson Waldron (P) SOLICITORS : Gilbert & Tobin (D1) Dibbs Abbott Stillman Lawyers (D2)
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