Yoon v Lee [2017] NSWSC 1338

Supreme Court New South Wales

Medium Neutral Citation: Yoon v Lee [2017] NSWSC 1338 Hearing dates: 21 September 2017 Date of orders: 21 September 2017 Decision date: 21 September 2017 Jurisdiction: Equity Before: Darke J Decision: Orders made pursuant to s 98 of the Conveyancing Act 1919 (NSW). Catchwords: LAND LAW – mortgages – statutory redemption under Conveyancing Act 1919 (NSW), s 98 – mortgagor claims that funds secured by mortgage granted in 1995 were never advanced – mortgagee out of the jurisdiction – any claim by mortgagee for repayment statute barred – whether all amounts due under mortgage have been paid

MORTGAGES AND SECURITIES – mortgages – duties, rights and remedies of mortgagor – redemption – mortgagor claims that funds secured by mortgage granted in 1995 were never advanced – mortgagee out of the jurisdiction – any claim by mortgagee for repayment statute barred – whether all amounts due under mortgage have been paid

CIVIL PROCEDURE – service of originating process – service outside the jurisdiction – whether defendant personally served – whether leave to proceed should be granted where no appearance by defendant – Uniform Civil Procedure Rules 2005 (NSW), r 11.8AA – leave to proceed granted Legislation Cited: Conveyancing Act 1919 (NSW), s 98 Limitation Act 1969 (NSW), ss 42(1)(a), 54 Uniform Civil Procedure Rules 2005 (NSW), rr 6.3, 10.20, 10.21, 11.4, 11.7, 11.8, 11.8AA, 11.8AC, Sch 6 Cases Cited: Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41 Ainsworth v Redd (1990) 19 NSWLR 78 Bulldogs Rugby League Club v Williams [2008] NSWSC 822 Nadinic v Drinkwater [2017] NSWCA 114 Re Bochenek [2011] NSWSC 435 Re Estate of Angelidis; Sotiropoulos (2004) 12 BPR 22,661; [2004] NSWSC 1184 Rossiter v Core Mining Ltd [2015] NSWSC 360 Category: Principal judgment Parties: Soohan Yoon (Plaintiff) Soon Ja Lee (Defendant) Representation: Counsel: Mr J Leaver (Plaintiff)