IIB Global NV v Pascoe [2012] NSWSC 96

IIB Global NV v Pascoe [2012] NSWSC 96

IIB Global NV did not properly commence proceedings or assert a claim for subrogation, nor did Mr Dyason have standing; the Registrar-General is ordered to reject registration of the transfer of mortgage and change of name, and register discharge of mortgage, but cannot be ordered to cancel unregistered dealings themselves.

Jurisdiction
Australia
Judgment Date
03 February 2012
Procedural Posture
Principal Judgment / Application for Orders and Dismissal of Remaining Claims
Outcome
Orders granted in favour of applicant, dismissing remaining claims in the summons, with directions on service and costs.
Legal Topics
['application for Adjournment Refused' 'discharge of Mortgage' 'subrogation Principles' 'powers of Registrar General Under S138(3) Real Property Act 1900' 'cancellation and Rejection of Unregistered Dealings']
['equity' 'real Property' 'practice and Procedure' 'mortgages'] ['application for Adjournment Refused' 'discharge of Mortgage' 'subrogation Principles' 'powers of Registrar General Under S138(3) Real Property Act 1900' 'cancellation and Rejection of Unregistered Dealings']

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Procedural Posture

Principal Judgment / Application for Orders and Dismissal of Remaining Claims

Legal Issues

  1. 1 ['Whether IIB Global NV had standing to assert claims as mortgagee or caveatable interest' 'Whether Registrar-General should be ordered to reject and/or cancel unregistered dealings (change of name and transfer of mortgage)' 'Whether Registrar-General should be ordered to register discharge of mortgage' 'Whether subrogation principles apply to IIB Global NV regarding the mortgage discharged' 'Whether claims in summons should be dismissed']

Ratio Decidendi

IIB Global NV did not properly commence proceedings or assert a claim for subrogation, nor did Mr Dyason have standing; the Registrar-General is ordered to reject registration of the transfer of mortgage and change of name, and register discharge of mortgage, but cannot be ordered to cancel unregistered dealings themselves.

Court Disposition

Orders granted in favour of applicant, dismissing remaining claims in the summons, with directions on service and costs.

Orders

  • ['Order that the balance of the claims for relief sought in the summons filed on 13 September 2011 be dismissed.' 'Order that service of the notice of motion filed on behalf of Scott Darren Pascoe on 5 October 2011 and of the notice of motion filed on behalf of Scott Darren Pascoe on 21 December 2011 and the...