NSW Caselaw
New South Wales Supreme Court
CITATION : Cellnet Group Ltd v Grigg [2006] NSWSC 1423
HEARING DATE(S) : 4 and 6 December 2006 JURISDICTION : Equity Division
JUDGMENT OF : Young CJ in Eq
EX TEMPORE JUDGMENT DATE : 12/06/2006
DECISION : Plaintiff has leave to lodge a further caveat.
CATCHWORDS : CONVEYANCING [191]- Caveat- Extension- Guarantee purporting to create charge over guarantor's property- Doubts as to extent of operation- Sufficient to show caveat may have validity- Extension granted.
LEGISLATION CITED : Real Property Act 1900, ss 74K, 74 O
Coleman v Bone (1996) 9 BPR 16,235 Northstate Carpet Mills Pty Ltd v BR Industries Pty Ltd [2006] NSWSC 1057 CASES CITED : Teoh v QBE Insurance (Australia) Ltd [2006] NSWCA 281 Timmins v Moreland Street Property Co Ltd [1958] Ch 110 Troncone v Aliperti (1994) 6 BPR 13,291
Cellnet Group Ltd (P) PARTIES : Colleen Helen Grigg (by her Trustee in Bankruptcy) (D1) Alan Francis Grigg (D2) Robert David Deans (D3)
FILE NUMBER(S) : SC 6106/06
COUNSEL : M Carpenter (P)
SOLICITORS : Morgan Conley (Brisbane) (P)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
YOUNG CJ in EQ
Wednesday 6 December 2006
6106/06 – CELLNET GROUP LTD v GRIGG JUDGMENT 1 HIS HONOUR: The plaintiff is Cellnet Group Limited who is a creditor of Colleen Grigg, also known as Colleen Deans, who operated a business known as Better Computer Shop Australia Pty Ltd. The plaintiff gave credit to Mrs Grigg. There is in evidence three pages of a form which she filled in, signing on each page. The first says "The applicant applies for a credit account with [the plaintiff]". It notes that the credit application is to be completed by the applicant but nowhere is the word "applicant" defined. The date of the application is said to be 6 December 2004. 2 The second piece of paper is headed Terms and Conditions of Credit and it commences: "I/WE hereby agree to be bound by the following terms and conditions in relation to the accommodation of credit by Cellnet Group Limited... and/or Cassa Australia Pty Limited being member of the Cellnet group". 3 Thereafter are set out nineteen terms and conditions. 4 The third sheet of paper is headed "Guarantee and Indemnity". It is then endorsed with the name of Cellnet and the other company. Recital A says: "The Guarantors acknowledge that … [blank] (the Company) has, at the request of the Guarantors submitted an application to be supplied by Cellnet".
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