Weston v Phillips [2013] NSWSC 1061

Supreme Court New South Wales

Medium Neutral Citation: Weston v Phillips [2013] NSWSC 1061 Hearing dates: 30/07/2013 Decision date: 09 August 2013 Jurisdiction: Common Law Before: Garling J Decision: (1)The Certificate of Title, presently in the Court's possession, to the land described in Folio Identifier 54/216093 being the land situated at and known as 34 The Spinnaker, Port Macquarie, NSW, be handed over to the Solicitor for the plaintiffs for the sole purpose of immediate delivery to the Registrar-General in accordance with the order of the Court made on 19 November 2012. (2)The first defendant to pay the plaintiffs' costs of the Motion. (3)Motion otherwise dismissed. Catchwords: REAL PROPERTY - whether certificate of title ought be delivered to the Registrar-General to enable sale of property - no general point of principle Legislation Cited: Conveyancing Act 1919 Evidence Act 1995 Real Property Act 1900 Category: Principal judgment Parties: Paul Weston as Statutory Trustee of land in Folio Identifier 54/216093 (P1) Anthony Elkerton as Statutory Trustee of land in Folio Identifier 54/216093 (P2) Marianne Phillips (D1) Hilda Marion Phillips (D2) Registrar-General, Land & Property Information, NSW (D3) Representation: Counsel: D Hand (P1 & P2) In Person (D1) No Appearance (D2) Submitting Appearance (D3) Solicitors: Bridges Lawyer (P1 & P2) G Bartier (D3) File Number(s): 2012/293506