Yuejin GUO v BANK OF CHINA LIMITED [2008] NSWCA 89

Yuejin GUO v BANK OF CHINA LIMITED [2008] NSWCA 89

The consent order's reference to "the Registrar" was properly construed as including any Deputy Registrar duly performing official registrar functions in relation to the business of the Supreme Court of New South Wales. The Deputy Registrar's execution of the mortgage was therefore authorised, making the applicant's defence untenable; Bell J was correct to strike it out and enter judgment for the Bank.

Jurisdiction
Australia
Judgment Date
09 May 2008
Procedural Posture
Application for Leave to Appeal in Proceedings for Possession Relying on a Registered Mortgage / Court of Appeal From Supreme Court Common Law Division Decision Striking Out Defence and Entering Judgment
Outcome
Leave to appeal refused. Summons dismissed with costs.
Legal Topics
['proceedings for Possession or Recovery of Land' 'execution of Mortgage Pursuant to Court Order' 'authority of Deputy Registrar' 'construction of Consent Orders' 'summary Judgment and Striking Out Defence']
['real Property' 'civil Procedure' 'torrens Title'] ['proceedings for Possession or Recovery of Land' 'execution of Mortgage Pursuant to Court Order' 'authority of Deputy Registrar' 'construction of Consent Orders' 'summary Judgment and Striking Out Defence']

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Procedural Posture

Application for Leave to Appeal in Proceedings for Possession Relying on a Registered Mortgage / Court of Appeal From Supreme Court Common Law Division Decision Striking Out Defence and Entering Judgment

Legal Issues

  1. 1 ['Whether a Deputy Registrar was authorised to execute a mortgage where a consent order empowered "the Registrar" to do all such things and sign all documents necessary to give effect to the orders.' 'Whether the defence alleging lack of authority by the Deputy Registrar was untenable and properly struck out.']

Ratio Decidendi

The consent order's reference to "the Registrar" was properly construed as including any Deputy Registrar duly performing official registrar functions in relation to the business of the Supreme Court of New South Wales. The Deputy Registrar's execution of the mortgage was therefore authorised, making the applicant's defence untenable; Bell J was correct to strike it out and enter judgment for the Bank.

Court Disposition

Leave to appeal refused. Summons dismissed with costs.

Orders

  • ['Leave to appeal refused.' 'Summons dismissed with costs.']