Lampion v Lampion [2015] NSWSC 589

Supreme Court New South Wales

Medium Neutral Citation: Lampion v Lampion [2015] NSWSC 589 Hearing dates: 6 and 13 March 2015 Date of orders: 21 May 2015 Decision date: 21 May 2015 Jurisdiction: Equity Division Before: Robb J Decision: (1) Order that the plaintiffs' summons is dismissed. (2) Order the plaintiffs to pay the defendant's costs. (3) Order that the exhibits and any documents produced on subpoena may be returned forthwith in accordance with the rules. Catchwords: REAL PROPERTY – torrens title – unregistered mortgage – plaintiffs and defendant agreed to a settlement regarding a damages claim commenced by the plaintiffs in the District Court – settlement agreement provided plaintiffs with unregistered mortgages secured by caveats over the defendant's residential properties – whether plaintiffs can obtain grants of registered mortgages over the properties Legislation Cited: Conveyancing Act 1919 (NSW) Real Property Act 1900 (NSW) Cases Cited: Axelsen v O'Brien (1949) 80 CLR 219 GE Commercial Corporation (Australia) Pty Ltd v Future Network (Albury) Pty Ltd [2013] NSWSC 1228 King Investment Solutions v Hussein [2005] NSWSC 1076; (2005) 64 NSWLR 441 Malago Pty Ltd v A W Ellis Engineering Pty Ltd [2012] NSWCA 227 Category: Principal judgment Parties: A Lampion (first plaintiff) B Lampion (BHNF A Lampion) (second plaintiff) C Lampion (defendant) Representation: Counsel: R de Meyrick (first plaintiff) N Newton (defendant)