Reliance Financial Services Pty Ltd v Sunset 53 Pty Ltd [2019] NSWSC 531

Supreme Court New South Wales

Medium Neutral Citation: Reliance Financial Services Pty Ltd v Sunset 53 Pty Ltd [2019] NSWSC 531 Hearing dates: 15 April 2019 Date of orders: 15 April 2019 Decision date: 10 May 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1A. Dismiss with costs the first cross-claim. 1. Declare that South Maroota Farm Pty Ltd was appointed as trustee of the South Maroota Discretionary Trust in place of Sunset 53 Pty Ltd on 25 September 2017. 2. Declare that the property situated at and known as 55 Gallaghers Road, South Maroota in the State of New South Wales (South Maroota Property), being land with the folio identifier Lot 3 of deposited plan 811961, is an asset of the South Maroota Discretionary Trust. 3. Discharge with immediate effect the order made by consent on 18 November 2013 for the extension of caveat no AG300964J. 4. Declare that, on the making of order 3 above, caveat no AG300964J lapses pursuant to s 74LA of the Real Property Act 1900 (NSW). 5. Direct the Registrar General to remove caveat no. AG300964J from the title (folio identifier Lot 3 of deposited plan 811961). 6. Direct that the third defendant serve a copy of these orders as soon as practicable on the Registrar General. 7. Order that Sunset 53 Pty Ltd do all things necessary to facilitate the registration of the transfer dated 25 September 2017 annexed to these orders and marked "A" (Transfer). 8. Order that the Transfer be registered on the Register maintained by the Registrar-General under s 31B of the Real Property Act 1900 (NSW). 9. Declare that upon registration of the Transfer the South Maroota Property vests in South Maroota Farm Pty Ltd. 10. Declare that ASV Consultancy Pty Ltd has a registrable interest as first mortgagee in the South Maroota Property pursuant to a Deed of Loan dated 29 November 2017 entered into with South Maroota Farm Pty Ltd. 11. Order that the proceedings otherwise be dismissed, with no order as to costs (save as to the order for costs made on the dismissal of the first cross-claimant's cross-claim). 12. Order that these orders be entered forthwith. 13. Direct that the second and third defendants serve a copy of these orders on the first and second cross-claimants to the second cross-claim by service at the registered office of the first cross-claimant. Catchwords: CIVIL PROCEDURE – No appearance – Service – Absent parties