Ciavarella v Polimeni [2008] NSWSC 541

Ciavarella v Polimeni [2008] NSWSC 541

Given the evidence of the futility of obtaining execution from the defendants and the urgency due to the expiring arrangement with the mortgagee, anticipatory orders compelling defendants to execute and, in default, authorising the Registrar to execute, are appropriate.

Jurisdiction
Australia
Judgment Date
23 May 2008
Procedural Posture
Equity / Consequential Orders
Outcome
Order for execution of documents by Registrar made prospectively
Legal Topics
['equitable Remedies' 'specific Performance' 'enforcement of Decrees' 'execution of Documents by Registrar']
['equity'] ['equitable Remedies' 'specific Performance' 'enforcement of Decrees' 'execution of Documents by Registrar']

Case Brief

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Procedural Posture

Equity / Consequential Orders

Legal Issues

  1. 1 ['Whether an order should be made compelling the execution of transfer documents by the first and second defendants and, in default, the appointment of the Registrar to execute']

Ratio Decidendi

Given the evidence of the futility of obtaining execution from the defendants and the urgency due to the expiring arrangement with the mortgagee, anticipatory orders compelling defendants to execute and, in default, authorising the Registrar to execute, are appropriate.

Court Disposition

Order for execution of documents by Registrar made prospectively

Orders

  • ['First and second defendants ordered to execute the transfer documents at 11am on Tuesday, 27 May 2008' 'In default, the Registrar in Equity or Deputy Registrar in Equity appointed to execute the documents in their stead']