NSW Caselaw
New South Wales Supreme Court
CITATION : Hypec Electronic v Registrar-General (No 3) [2008] NSWSC 167
HEARING DATE(S) : 29 February 2008 JUDGMENT OF : Gzell J
EX TEMPORE JUDGMENT DATE : 29 February 2008
DECISION : Debt of B not discharged.
CATCHWORDS : MORTGAGES - Mortgages and Charges Generally - Rights and Liabilities of Mortgagor and Mortgagee - Mortgages to bank secured debt to bank of A and B - Mortgages transferred by bank to B as trustee for others - Whether debt of B discharged - Whether by analogy with equitable setoff debt and mortgage had to be in the same interest to be discharged
LEGISLATION CITED : Limitation Act 1999
Hypec Electronic v Registrar-General (No 2) [2008] NSWSC 138 CASES CITED : Hypec Electronic v Registrar-General [2008] NSWSC 18 National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd [1972] AC 785
Wen Hua Tsui - First Cross Claimant Hypec Electronics Pty Ltd (In Liquidation) - First Cross Defendant Colin Anthony Mead - Second Cross Defendant Lucy Guitar Mead - Third Cross Defendant Mei Chen Yang - Fourth Cross Defendant Lee Chin-Lien Yang - Fifth Cross Defendant PARTIES : Yang Shiow Ging (also known as Grace Yang) - Sixth Cross Defendant
Third Cross Claim Colin Anthony Mead - Cross Claimant Wen Hua Tsui - First Cross Defendant Hypec Electronics Pty Ltd - Second Cross Defendant Registrar-General of Department of Lands - Third Cross Defendant Shiow Ging Yang - Fourth Cross Defendant
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