Southern Cross Constructions (NSW) Pty Limited v Salfa Pty Limited (In Liquidation) (Receivers and Managers Appointed) [2009] NSWSC 634

New South Wales Supreme Court

CITATION : Southern Cross Constructions (NSW) Pty Limited v Salfa Pty Limited (In Liquidation) (Receivers and Managers Appointed) [2009] NSWSC 634

HEARING DATE(S) : 30 June 2009 JUDGMENT OF : Hammerschlag J

EX TEMPORE JUDGMENT DATE : 30 June 2009

DECISION : Declaration that plaintiff has equitable mortgage

CATCHWORDS : REAL PROPERTY – mortgages – LEGISLATION – Home Building Act 1989 (NSW) – s 7D - whether terms of a deed between the plaintiff and the defendants conferred on the plaintiff an equitable mortgage in respect of certain parcels of land or whether s 7D Home Building Act 1989 (NSW) prevented such an interest – held the section did not apply to the contract embodied in the deed and that the plaintiff was entitled to declarations that it held mortgage interests in the land

LEGISLATION CITED : Corporations Act 2001 (Cth) Home Building Act 1989 (NSW)

Southern Cross Constructions (NSW) Pty Limited - Plaintiff Salfa Pty Limited (In Liquidation) (Receivers and Managers Appointed) ACN 082 308 101 - First Defendant John Vouris as receiver and manager of Salfa Pty Limited - Second Defendant PARTIES : Robert William Whitton as receiver and manager of Salfa Pty Limited - Third Defendant Ferry Asset Holdings Pty Limited ACN 125 330 243 - Fourth Defendant James Joseph Ferry - Fifth Defendant Philip Harold Mudge - Sixth Defendant Andrew Bagg - Seventh Defendant

FILE NUMBER(S) : SC 50018/2009

COUNSEL : A.G. Bell SC [Plaintiff]

Henry Davis York [Plaintiff] SOLICITORS : Colin Biggers & Paisley [First Defendant] NOT Lawyers [Second, Fourth & Fifth Defendants] ERA Legal [Seventh Defendant]