MCDS Group Nominees Pty Limited v Angas Securities Limited [2016] NSWSC 1456

Supreme Court New South Wales

Medium Neutral Citation: MCDS Group Nominees Pty Limited v Angas Securities Limited [2016] NSWSC 1456 Hearing dates: 11 October 2016 Date of orders: 13 October 2016 Decision date: 13 October 2016 Jurisdiction: Equity Before: Darke J Decision: Caveats ordered to be withdrawn. Injunctive relief refused. Catchwords: EQUITY – equitable remedies – injunctions – application for interlocutory injunction restraining completion of contracts for sale – contracts entered into by mortgagee in possession – whether serious question to be tried as to existence of power of sale – whether balance of convenience against grant of interlocutory relief

REAL PROPERTY – Torrens title – caveats against dealings – application for removal of caveats – whether plaintiffs would have been granted interlocutory injunctions to protect interests claimed in caveats Legislation Cited: Real Property Act 1900 (NSW), s 74MA, 74O Cases Cited: Bayblu Holdings Pty Limited v Capital Finance Limited [2011] NSWCA 39 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Category: Principal judgment Parties: MCDS Group Nominees Pty Limited (First Plaintiff) Warren Perry Anderson (Second Plaintiff) Angas Securities Limited (First Defendant) Stephen James Duncan and Christopher Robert Powell trading as Korda Mentha through Korda Mentha (SA & NT) Pty Limited (Second Defendants) Matthew James Donnelly and Anthony Hayes trading as Grant Thornton through Grant Thornton (WA) Pty Limited (Third Defendants) Representation: Counsel: Mr A Ogborne (Plaintiffs) Mr B C Roberts SC (Defendants)