NSW Caselaw
New South Wales Supreme Court
CITATION : GE Commercial Corporation (Australia) Pty Ltd v L&B Enterprises Pty Ltd [2009] NSWSC 770
HEARING DATE(S) : 2 July 2009 JURISDICTION : Equity Division Duty Judge List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 2 July 2009
DECISION : Summons dismissed with costs
CATCHWORDS : MORTGAGES – Application for order for specific performance for grant of legal mortgage by defendant to plaintiff pursuant to deed of secured guarantee – where obligation to give mortgage was expressed to require covenant and include amount in a specified clause was omitted – where in absence of omitted clause it was impossible to ascertain intention of parties as to terms of proposed mortgage – whether clause is void for uncertainty
CATEGORY : Principal judgment
CASES CITED : Yuwana Nominees Pty Ltd v Ong [2008] NSWSC 156
PARTIES : GE Commercial Corporation (Australia) Pty Ltd (plaintiff) L&B Enterprises Pty Ltd (defendant)
FILE NUMBER(S) : SC 3111/09
COUNSEL : Mr A Bulley (plaintiff) Mr A Rogers (defendant)
SOLICITORS : DibbsBarker Lawyers (plaintiff) Brennan Tipple Partners (defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY LIST
BRERETON J
Thursday 2 July 2009
3111/09 GE Commercial Corporation (Australia) Pty Ltd v L&B Enterprises Pty Ltd JUDGMENT (ex tempore) 1 HIS HONOUR: By summons filed on 5 June 2009 the plaintiff seeks the following orders: 1. A declaration that there is a valid and enforceable agreement between the Plaintiff and the Defendant pursuant to a Deed of Secured Guarantee between the Defendant and the Plaintiff whereby the Defendant as guarantor agreed to grant a legal Mortgage to the Plaintiff of any lands owned by the Defendant. 2. A Declaration that the Plaintiff is entitled to an Order for specific performance of the said Deed. 3. An Order that the Defendant specifically perform the said Deed by granting to the Plaintiff a legal Mortgage over the land contained in Folio Identifier 621/555328 and Folio Identifier 102/1122246. 4. In the alternative, damages. 5. Costs. 6. Such further or other Orders as the Court deems fit.
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