Rogers v Asset Loan Co Pty Ltd ACN 107 746 798 [2005] FCA 223

Rogers v Asset Loan Co Pty Ltd ACN 107 746 798 [2005] FCA 223

Relief must be denied to the applicant because he is not the owner nor entitled to possession of the relevant land, and therefore lacks standing to seek the interim orders.

Parties
Applicant: Gregory Eric Rogers; First Respondent: Asset Loan Co Pty Ltd ACN 107 746 798; Second Respondent: Asset Loan Company Pty Ltd ACN 101 054 997; Third Respondent: Paul Alexander Sydney Hare; Fourth Respondent: Russell Frank Percival; Fifth Respondent: Judith Lorraine Hare as trustee for the Hare Property Trust; Sixth Respondent: Riverstone Nominees Pty Ltd ACN 063 086 546 as trustee for the Percival Family Trust No 2
Jurisdiction
Australia
Judgment Date
17 February 2005
Procedural Posture
Application for Interim Relief / Interlocutory Motion (notice of Motion)
Outcome
Notice of motion dismissed, costs reserved.
Legal Topics
Standing, Interim Relief, Mortgages and Equitable Charges
Property Law Equity Standing Interim Relief Mortgages and Equitable Charges

Case Brief

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Parties

Gregory Eric Rogers

Applicant

Asset Loan Co Pty Ltd ACN 107 746 798

First Respondent

Asset Loan Company Pty Ltd ACN 101 054 997

Second Respondent

Paul Alexander Sydney Hare

Third Respondent

Russell Frank Percival

Fourth Respondent

Judith Lorraine Hare as trustee for the Hare Property Trust

Fifth Respondent

Riverstone Nominees Pty Ltd ACN 063 086 546 as trustee for the Percival Family Trust No 2

Sixth Respondent

Procedural Posture

Application for Interim Relief / Interlocutory Motion (notice of Motion)

Legal Issues

  1. 1 Whether the applicant has standing to seek interim relief regarding possession of certain property
  2. 2 Whether interim relief should be granted to restrain respondents from taking possession of property

Ratio Decidendi

Relief must be denied to the applicant because he is not the owner nor entitled to possession of the relevant land, and therefore lacks standing to seek the interim orders.

Court Disposition

Notice of motion dismissed, costs reserved.

Orders

  • The notice of motion filed on 16 February 2005 be dismissed.
  • Costs reserved.