Biseja Pty Ltd v NSI Group Pty Ltd [2007] NSWSC 283

Biseja Pty Ltd v NSI Group Pty Ltd [2007] NSWSC 283

The consent order was properly construed as NSI accepting the five lodged titles as security for the judgment in return for consenting to a stay of execution. Because execution was stayed, the recorded writs did not serve their proper purpose of enabling execution to be levied, had no continuing utility, and their removal was necessary to give full effect to the stay.

Jurisdiction
Australia
Judgment Date
30 January 2007
Procedural Posture
Equity Division Application in Aid of Stay of Execution / Ex Tempore Judgment on Application Pursuant to Civil Procedure Act 2005 S 135(2)(b) to Cancel Recordings of Writs
Outcome
Application granted; recordings of writ number 14191/06 ordered to be cancelled.
Legal Topics
['stay of Execution' 'writ for Levy of Property' 'torrens Title' 'recording Writs on Title' 'security of Payment Adjudication Judgment']
['civil Procedure' 'real Property' 'building and Construction'] ['stay of Execution' 'writ for Levy of Property' 'torrens Title' 'recording Writs on Title' 'security of Payment Adjudication Judgment']

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Procedural Posture

Equity Division Application in Aid of Stay of Execution / Ex Tempore Judgment on Application Pursuant to Civil Procedure Act 2005 S 135(2)(b) to Cancel Recordings of Writs

Legal Issues

  1. 1 ['Whether recordings of a writ for levy of property on Torrens titles should be cancelled after execution of the judgment had been stayed.' 'Whether the 7 December 2006 consent order meant that five lodged certificates of title were accepted as security for the judgment in return for a stay.' 'Whether retaining the recorded writs served a proper purpose while execution was stayed.']

Ratio Decidendi

The consent order was properly construed as NSI accepting the five lodged titles as security for the judgment in return for consenting to a stay of execution. Because execution was stayed, the recorded writs did not serve their proper purpose of enabling execution to be levied, had no continuing utility, and their removal was necessary to give full effect to the stay.

Court Disposition

Application granted; recordings of writ number 14191/06 ordered to be cancelled.

Orders

  • ['Pursuant to Civil Procedure Act 2005 s 135(2)(b), the Registrar-General is to cancel all recordings of writ number 14191/06 issued by the Court in proceedings 14191/2006 on 8 September 2006, including recordings made pursuant to dealings AC613948 for Folio Identifier 79/SP76449, AC613949 for Folio Identifier...