IIB Global NV & Anor v Scott Darren Pascoe & Ors (No 4) [2011] NSWSC 1413

IIB Global NV & Anor v Scott Darren Pascoe & Ors (No 4) [2011] NSWSC 1413

The remaining claims in paragraphs 2-6 of the Summons were not reasonably arguable: there was no basis to require Mr Pascoe and Ms Occleshaw to obtain permission to represent another defendant before defending; there was no identified basis to invalidate handwritten words added to the caveat before lodgment; and Mr...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 November 2011
Procedural Posture
Interlocutory Applications / Notice of Motion Seeking Strike Out or Dismissal of Paragraphs 2 6 of the Summons and Orders Under S 138 of the Real Property Act 1900 (nsw); Further Submissions Invited Before Consequential Orders
Outcome
Opportunity given for further submissions prior to making an order that paragraphs 2-6 of the Summons be struck out.
Legal Topics
['strike Out for No Reasonable Cause of Action' 'standing to Seek Declaratory Relief Concerning Company Rights' 'registration of Dealings' 'caveats' 'transfer and Discharge of Mortgage' 'section 138 Real Property Act Orders']
['practice and Procedure' 'equity' 'real Property' 'corporations'] ['strike Out for No Reasonable Cause of Action' 'standing to Seek Declaratory Relief Concerning Company Rights' 'registration of Dealings' 'caveats' 'transfer and Discharge of Mortgage' 'section 138 Real Property Act Orders']

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Procedural Posture

Interlocutory Applications / Notice of Motion Seeking Strike Out or Dismissal of Paragraphs 2 6 of the Summons and Orders Under S 138 of the Real Property Act 1900 (nsw); Further Submissions Invited Before Consequential Orders

Legal Issues

  1. 1 ['Whether paragraphs 2-6 of the Summons disclosed a reasonably arguable case or should be dismissed under Uniform Civil Procedure Rules 2005 (NSW) r 13.4(1)(b).' "Whether Mr Dyason had standing to seek declaratory relief vindicating IIB Global NV's asserted rights to registration of a transfer of mortgage." 'Whether the Court should make orders requiring the Registrar General to register, reject or cancel dealings under s 138 of the Real Property Act 1900 (NSW).' 'What consequential directions or orders should be made given the risk that striking out the remaining Summons would not resolve the substantive dispute.']

Ratio Decidendi

The remaining claims in paragraphs 2-6 of the Summons were not reasonably arguable: there was no basis to require Mr Pascoe and Ms Occleshaw to obtain permission to represent another defendant before defending; there was no identified basis to invalidate handwritten words added to the caveat before lodgment; and Mr Dyason lacked standing to seek relief vindicating IIB Global NV's rights to registration of a mortgage transfer or return of the certificate of title. However, Mr Pascoe's requested s 138 Real Property Act orders could not presently be made because they required a final determination adverse to IIB Global NV that the mortgage assignment was ineffective, and the current...

Court Disposition

Opportunity given for further submissions prior to making an order that paragraphs 2-6 of the Summons be struck out.

Orders

  • ['The parties were allowed a further 14 days to make submissions as to the directions or orders that may be made consequential on the judgment.' 'The question of costs of the motion was reserved pending further submissions and the orders then made.']