Premier Holdings v Langham & Anor [2009] NSWSC 743

New South Wales Supreme Court

CITATION : Premier Holdings v Langham & Anor [2009] NSWSC 743

HEARING DATE(S) : 9 July 2009

JUDGMENT DATE : 9 July 2009

JURISDICTION : Equity

JUDGMENT OF : Slattery J at 1

DECISION : Caveat extended to 5pm on Friday 31 July 2009

CATCHWORDS : Extension of caveat - Original charge not available for registration - Registrar-General's discretion under s 36(1C) and s 39(1) of Real Property Act 1900 - No prior notice to Registrar-General of intention to seek order that Registrar-General register photocopy of charge over property. - Declaration made that photocopy of charge is an accurate copy of the original charge

LEGISLATION CITED : Real Property Act 1900 Uniform Civil Procedure Rules 2005

CATEGORY : Principal judgment

PARTIES : Premier Holdings Corporation Pty Limited ACN 107 318 436 (Plaintiff) Howard Charles Langham (Defendant)

FILE NUMBER(S) : SC 2880/09

COUNSEL : D A Lloyd (Plaintiff) No appearance for Defendant

SOLICITORS : Colin Biggers & Paisley (Plaintiff) No appearance for Defendant

- 5 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY LIST

SLATTERY J

Thursday 9 July 2009

2880/09 Premier Holdings Corporation Pty Limted ACN 107 318 436 v Howard Charles Langham & Anne Terese Langham JUDGMENT 1 HIS HONOUR: These proceedings came before me on Wednesday, 1 July 2009 in the Equity Duty List. They are proceedings in relation to the extension of a caveat in respect of the land in Folio Identifier 48/SP67643 ("the subject property"). The plaintiff in these proceedings, Premier Holdings Corporation Pty Limited is the assignee of the chargee of a charge over the subject property. The defendants are the registered proprietors of the subject property.