St George Bank - A Division of Westpac Banking Corporation v Zhang [2013] NSWSC 1418

Supreme Court New South Wales

Medium Neutral Citation: St George Bank - A Division of Westpac Banking Corporation v Zhang [2013] NSWSC 1418 Hearing dates: 3 September 2013 Decision date: 03 September 2013 Jurisdiction: Common Law Before: Hall J Decision: Notice of Motion filed 25 May 2012 seeking relief under s 66G of the Conveyancing Act dismissed Catchwords: REAL PROPERTY - first defendant obtained three loans from plaintiff secured by mortgage over block of land - subsequently three defendants amalgamated their disparate blocks of land into one certificate of title - Register describes interest of each proprietor by reference to the previous folio as interim measure which creates folios of multiple ownership - three defendants chose not to progress with amalgamation - first defendant's loans fell into arrears - application by plaintiff for relief under s 66G of the Conveyancing Act 1919 to appoint trustees for sale - whether land the subject of the certificate of title can be in 'co-ownership' as defined by s 66F(1) of the Act - whether defendants entitled to an interest in the land of the other - certificate of title records ownership in terms of "of the part formerly in" - not a case in which defendants hold title as either joint tenants or tenants in common - relief not available under s 66G Legislation Cited: Conveyancing Act 1919 Real Property Act 1900 Cases Cited: Aoun Investments Pty Ltd v Chief Commissioner of Revenue [2006] NSWSC 1394 Commonwealth Bank of Australia v MacDonald [2000] NSWSC 553 Texts Cited: Baalman & Wells' Land Titles office Practice Woodman & Nettle's, The Torrens System in NSW Category: Interlocutory applications Parties: St George Bank (Plaintiff) Wei Zhang (First Defendant) Guang Qing (Lydia) Zhang (Second Defendant) Qining Feng (Third Defendant) Representation: Counsel: L Gor (Plaintiff) No Appearance (First Defendant) Unrepresented (Second Defendant) No Appearance (Third Defendant) Solicitors: Kemp Strang (Plaintiff) No Appearance (First Defendant) In person (Second Defendant) No Appearance (Third Defendant) File Number(s): 2010/108317