NSW Caselaw
New South Wales Supreme Court
CITATION : Chandra v Perpetual Trustees Victoria Ltd [2008] NSWSC 178
HEARING DATE(S) : 28/02/2008
JUDGMENT DATE : 7 March 2008
JURISDICTION : EQUITY
JUDGMENT OF : Bryson AJ
DECISION : Parties are directed to consult and bring in Draft Order for settlement.
CATCHWORDS : TORRENS SYSTEM - Assurance Fund - costs of litigation as loss or damage for compensation under s 129 - consideration of claims of plaintiffs and mortgagee who earlier succeeded in claims against the Fund - see [2007] NSWSC 694 - consideration of - causation of loss - process of assessment and reasonableness of costs incurred.
LEGISLATION CITED : Real Property Act 1900 s 129
Perpetual Trustees Victoria Ltd v Tsai (2004) 12 BPR 22 Printy v Provident Capital Ltd [2007] NSWSC 287 CASES CITED : Flounders v Millar [2007] NSWCA 238 March v Stramare (1991) 171 CLR 506 Stapley v Gypsum Mines Ltd [1953] AC 663
Fatah Chandra - 1st Plaintiff Anje Srikandi - 2nd Plaintiff Perpetual Trustee Victoria Limited - 1st Defendant PARTIES : Registrar-General of New South Wales - 2nd Defendant Stephen Richard Miller - 3rd Defendant State of New South Wales - Cross-defendant to first cross-claim Wendy Donald - cross-defendant to second cross-claim.
FILE NUMBER(S) : SC 3261/2006
D E Grieve QC and Ms D M Coulton - Plaintiffs COUNSEL : T G R Parker SC - 1st Defendant P Walsh -2nd Defendant
George Sten & Co Solicitors - Plaintiffs SOLICITORS : Allens Arthur Robinson - 1st Defendant Laurie Ryan - 2nd Dft
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