NSW Caselaw
Reported Decision : (2007) NSW ConvR 56-180
New South Wales Supreme Court
CITATION : Printy v Provident Capital Limited & Anor [2007] NSWSC 287
HEARING DATE(S) : 21 March 2007
JUDGMENT DATE : 30 March 2007
JURISDICTION : Common Law Division
JUDGMENT OF : Studdert J
DECISION : THE CLAIM IN RELATION TO THE FIRST MORTGAGE: (1) Order as sought against the first defendant in para 1 of the relief claimed in the statement of claim filed on 12 December 2005; (2) Order that the first defendant pay the plaintiff's costs of the proceedings in respect of this claim; (3) Order refusing the relief claimed in the alternative against the second defendant as to the first mortgage; (4) Order that the plaintiff pay the second defendant's costs of the proceedings in respect of this alternative claim; (5) I direct that the parties prepare short minutes expressing the sum payable pursuant to order 1. THE CLAIM IN RELATION TO THE SECOND MORTGAGE: (6) Order as sought against the second defendant in para 2 of the relief claimed in the statement of claim filed 12 December 2005; (7) Order that the second defendant pay the plaintiff's costs of the proceedings in respect of this claim; (8) I direct that the parties prepare short minutes expressing the sum payable pursuant to order 6; (9) The matter is to be relisted on 5 April 2007 to receive the required short minutes and to make appropriate orders to give effect to them.
LEGISLATION CITED : Real Property Act Uniform Civil Procedure Rules
Almeida v Universal Dye Works Pty Limited & Ors [2001] NSWCA 156 Bullock v London General Omnibus Co. (1907) 1 KB 264 Challenger Managed Investments Limited & Anor v Direct Money Corporation Pty Limited & Ors (2003) 59 NSWLR 452 Gould v Vaggelas (1983-85) 157 CLR 215 CASES CITED : Perpetual Trustees Victoria Limited & Anor v Tsai (2004) 12 BPR 22,281 PT Limited v Maradona (1992) 25 NSWLR 643 Roads and Traffic Authority & Ors v Palmer [2005] NSWCA 140 Small v Tomassetti (2001) 12 BPR 22,253 Steppke v National Capital Development Commission (1978) 21 ACTR 23
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