The Trust Company (Australia) Limited as trustee of the Estate of William Redman [2011] NSWSC 755

Supreme Court New South Wales

Medium Neutral Citation: The Trust Company (Australia) Limited as trustee of the Estate of William Redman [2011] NSWSC 755 Hearing dates: 19 July 2011 Decision date: 19 July 2011 Before: Nicholas J Decision: 1 A determination under section 98(1) of the Conveyancing Act 1919 that all amounts due under mortgage dated 3rd November 1879 number 298A book 196 (as transferred by assignment of mortgage dated 11th May 1883 number 369 book 270) have been paid. 2 An officer of this court prescribed by the rules of court give a certificate that section 98 of the Conveyancing Act 1919 has been complied with in relation to mortgage dated 3rd November 1879 number 298A book 196 (as transferred by assignment of mortgage dated 11th May 1883 number 369 book 270) the court having determined that all amounts due under the mortgage have been repaid. 3 The Plaintiff be authorised to sell to London Fashions Pty Limited by private contract the land forming part of the Estate of the late William Redman being Lot 1 in Deposited Plan 1156413 for the sum of $58,028 upon the terms and conditions set out in the contract for sale between the plaintiff and London Fashions Pty Limited dated 8th July 2011. Catchwords: EQUITY - Proceedings ex parte - determination that amounts due under mortgage had been paid - variation of terms of trust - Conveyancing Act s98(1); Trustee Act s 81 Legislation Cited: Conveyancing Act 1919 Trustee Act 1925 Cases Cited: Riddle v Riddle (1952) 85 CLR 202 Category: Principal judgment Parties: The Trustee Company (Australia) Limited as trustee of the Estate of William Redman Representation: Counsel P Walsh (Plaintiff) Ex parte Solicitor Church & Grace (Plaintiff) Ex parte File Number(s): 11/232900