NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: IIB Global NV v Pascoe [2012] NSWSC 96 Hearing dates: Friday, 3 February 2012 Decision date: 03 February 2012 Jurisdiction: Equity Division Before: White J Decision: Refer to paras [41], [43] and [44] of judgment. Catchwords: PRACTICE AND PROCEDURE - Application for adjournment raised in correspondence refused - no question of principle
MORTGAGES - Discharge of mortgage - principles of subrogation referred to
REAL PROPERTY - application to reject and cancel unregistered dealings pursuant to s138(3) Real Property Act 1900 - transfer of mortgage and change of name - no opposition to order that the Registrar-General reject the registration of the transfer of the mortgage
REAL PROPERTY -practice and procedure - powers of the Registrar-General to reject and cancel unregistered dealings pursuant to s138(3) Real Property Act 1900 - no power to order the Registrar-General to cancel unregistered dealings - orders made to ensure correct recording on the register Legislation Cited: Conveyancing Act 1919 Civil Procedure Act 2005 Real Property Act 1900 Cases Cited: Scott Darren Pascoe As Trustee of the Property of Arthur Linden Dyason, a bankrupt v Lindsey Jane Dyason and Ors [2011] NSWSC 1217 IIB Global NV & Anor & Scott Darren Pascoe & Ors (No. 4) [2011] NSWSC 1413 IIB Global NV and Anor v Scott Darren Pascoe and Ors [2011] NSWSC 1136 Butler v Rice [1910] 2 Ch 277 Ghana Commercial Bank v Chandirim [1960] AC 732 Chase Corporation Australia Pty Ltd v North Sydney Brick & Tile Company Limited (1994) 35 NSWLR 1 Paul v Speirway Limited (in Liq) [1976] Ch 220 Category: Principal judgment Parties: IIB Global NV (1st Plaintiff) Linden Prescott Dyason (2nd Plaintiff) Scott Darren Pascoe, Elizabeth Ann Occleshaw & Lindsey Jane Dyason (Registered Proprietors) (1st Defendant) Scott Darren Pascoe (2nd Defendant/Applicant) Representation: No appearance for the plaintiffs B Skinner (2nd Defendant/Applicant) Farrell Goldrick Mullan File Number(s): 2011/294682
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