NSW Caselaw
New South Wales Court of Appeal
CITATION: Yuejin GUO v BANK OF CHINA LIMITED [2008] NSWCA 89
HEARING DATE(S): 29 April 2008
JUDGMENT DATE: 9 May 2008
JUDGMENT OF: Mason P at 1; Giles JA at 20; McColl JA at 21
DECISION: Leave to appeal refused. Summons dismissed with costs.
CATCHWORDS: REAL PROPERTY – Torrens Title – legal proceedings generally – proceedings for possession or recovery of land – execution of mortgage by Deputy Registrar – whether Deputy Registrar authorised to execute mortgage – where court order empowered execution by "the Registrar" – whether a Deputy Registrar is or is not a Registrar – Civil Procedure Act 2005, s19
Civil Procedure Act 2005 LEGISLATION CITED: Public Sector Employment and Management Act 2002 Supreme Court Act 1970
CASES CITED: Minister for Natural Resources v New South Wales Aboriginal Land Council (1987) 9 NSWLR 154
PARTIES: Claimant - Yuejin Guo Opponent - Bank of China Limited (ABN 29 002 929 955)
FILE NUMBER(S): CA 40870/07
COUNSEL: Claimant - R Killalea Opponent - R Newlands SC
SOLICITORS: Claimant - City Law Opponent - Websters
LOWER COURT JURISDICTION: Supreme Court - Common Law Division
LOWER COURT FILE NUMBER(S): 12101/07
LOWER COURT JUDICIAL OFFICER: Bell J
LOWER COURT DATE OF DECISION: 26 November 2007
LOWER COURT MEDIUM NEUTRAL CITATION: [2007] NSWSC 1337
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40870/2007
MASON P GILES JA McCOLL JA
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