Goldstein v Shyzi Pty Ltd [2017] NSWSC 398

Supreme Court New South Wales

Medium Neutral Citation: Goldstein v Shyzi Pty Ltd [2017] NSWSC 398 Hearing dates: 5 April 2017 Date of orders: 12 April 2017 Decision date: 12 April 2017 Jurisdiction: Equity Before: Darke J Decision: Declarations to be made that the plaintiff has an equitable mortgage over the first defendant's property and that the property stands charged with repayment of the amount of the debt and interest due to the plaintiff. Catchwords: MORTGAGES – mortgages and charges generally – where parties enter into deed governing repayment of debt and a mortgage securing repayment – where deed conferred right to register mortgage upon event of default – mortgage remains unregistered – whether plaintiff entitled to enforce mortgage prior to registration – whether plaintiff an equitable chargee under deed – whether terms of deed preclude commencement of proceedings by plaintiff to enforce security Legislation Cited: Real Property Act 1900 (NSW), ss 57, 58 Category: Principal judgment Parties: Michael Goldstein (Plaintiff) Shyzi Pty Ltd (First Defendant) Australia and New Zealand Banking Group Ltd (Second Defendant) Representation: Counsel: Mr A Harding (Plaintiff) Mr B Lloyd (First Defendant) Mr M L Rose (Second Defendant)

Solicitors: Stevens Vuaran Lawyers (Plaintiff) Bartier Perry Solicitors (First Defendant) Dentons Australia Pty Ltd (Second Defendant) File Number(s): 2016/349685 Publication restriction: None