NSW Caselaw
New South Wales Supreme Court
CITATION : Permanent Custodians Ltd v Tony Geagea & Ors [2010] NSWSC 117
HEARING DATE(S) : 8 July 2009
JUDGMENT DATE : 2 March 2010
JUDGMENT OF : Hidden J
DECISION : Order for separate decision of question made.
CATCHWORDS : CIVIL PROCEDURE - motion for order directing separate decision of question in proceedings - proceedings for possession of land - allegation that defendants' signatures on mortgage forged - separate question whether any debt secured by mortgage - possible joinder of Registrar-General
Uniform Civil Procedure Rules Fair Trading Act 1987 LEGISLATION CITED : Credit (Home Finance Contracts) Act 1984 Contracts Review Act 1980 Trade Practices Act 1974 (Cth) Real Property Act 1900
CATEGORY : Principal judgment
Perpetual Trustees Victoria Ltd v English [2009] NSWSC 478 Yazgi v Permanent Custodians Ltd [2007] NSWCA 240 Perpetual Trustees Victoria Ltd v Menzies (Unreported, 16 October 2008) CASES CITED : Reading Australia Pty Ltd v Australian Mutual Provident Society [1999] FCA 718, 217 ALR 495 Olbers Co Ltd v Commonwealth (No 3) FCA 651 Tepko Pty Ltd v Water Board [2001] HCA 19, 206 CLR 1 Bass v Permanent Trustee Co Ltd [1999] HCA 9, 198 CLR 334 Jacobson v Ross [1995] 1 VR 337
Permanent Custodians Ltd (Plaintiff) Tony Geagea (First Defendant) Charbel Geagea (Second Defendant) PARTIES : David Geagea (Third Defendant) Phillip Howard Symonds (also known as Philip Howard Symonds) (Fourth Defendant) Christopher James Swanson (Fifth Defendant) Terence Edmund Ledlin (Sixth Defendant)
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