Lampion v Lampion [2015] NSWSC 589

Lampion v Lampion [2015] NSWSC 589

The plaintiffs were not entitled under the settlement agreement to require the defendant to execute a mortgage in registrable form; the agreement specified provision of an unregistered mortgage secured by caveat and did not detail or provide any mechanism for agreeing the terms or form of a registrable mortgage.

Parties
First Plaintiff: A Lampion; Second Plaintiff: B Lampion (BHNF A Lampion); Defendant: C Lampion
Jurisdiction
Australia
Judgment Date
21 May 2015
Procedural Posture
Civil / Final Judgment
Outcome
claim dismissed
Legal Topics
Torrens Title, Unregistered Mortgage, Settlement Agreement, Specific Performance
Real Property Equity Torrens Title Unregistered Mortgage Settlement Agreement Specific Performance

Case Brief

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Parties

A Lampion

First Plaintiff

B Lampion (BHNF A Lampion)

Second Plaintiff

C Lampion

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 whether plaintiffs can require the defendant to execute mortgages in registrable form over properties based on settlement agreement
  2. 2 construction and effect of settlement agreement providing for 'unregistered mortgage secured by caveat'

Ratio Decidendi

The plaintiffs were not entitled under the settlement agreement to require the defendant to execute a mortgage in registrable form; the agreement specified provision of an unregistered mortgage secured by caveat and did not detail or provide any mechanism for agreeing the terms or form of a registrable mortgage.

Court Disposition

claim dismissed

Orders

  • Order that the plaintiffs' summons is dismissed.
  • Order the plaintiffs to pay the defendant's costs.