Geitonia Pty Ltd t/as Trustee for the Annandale Unit Trust v Westpac Banking Corporation [2015] NSWSC 419
Huizhong, the second mortgagee, is entitled to require Westpac to transfer its mortgage to itself pursuant to s 94(1) of the Conveyancing Act 1919 (NSW), and this right takes priority over any right the mortgagor may have. There is no legal obstacle in s 94(1) preventing the transfer of the mortgage to an existing mortgagee who is not the mortgagor or its alter ego.
- Jurisdiction
- Australia
- Judgment Date
- 16 April 2015
- Procedural Posture
- Principal Judgment / Final Judgment
- Outcome
- Proceedings dismissed
- Legal Topics
- ['mortgages' 'transfer of Mortgages' 'conveyancing Act 1919 (nsw) S 94' 'rights of Mortgagor and Mortgagee']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Principal Judgment / Final Judgment
Legal Issues
- 1 ['Whether a second mortgagee can require a first mortgagee to transfer its mortgage to the second mortgagee under s 94(1) of the Conveyancing Act 1919 (NSW)' "Meaning of 'any third person' in s 94(1)"]
Ratio Decidendi
Huizhong, the second mortgagee, is entitled to require Westpac to transfer its mortgage to itself pursuant to s 94(1) of the Conveyancing Act 1919 (NSW), and this right takes priority over any right the mortgagor may have. There is no legal obstacle in s 94(1) preventing the transfer of the mortgage to an existing mortgagee who is not the mortgagor or its alter ego.
Court Disposition
Proceedings dismissed
Orders
- ["The plaintiff should pay the first and second defendants' costs."]
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment