IIB Global NV & Anor v Scott Darren Pascoe & Ors (No 5) [2011] NSWSC 1505

IIB Global NV & Anor v Scott Darren Pascoe & Ors (No 5) [2011] NSWSC 1505

Because remaining issues included any application by IIB Global NV to be rejoined and any steps by Mr Pascoe concerning PTAL, and because final relief under s 138 could not be granted without resolving matters affecting IIB Global NV, the preferable course was not to make Mr Pascoe's proposed directions but to relist the matter for further case management before the Registrar in Equity.

Jurisdiction
Australia
Judgment Date
07 December 2011
Procedural Posture
Practice and Procedure; Consequential Orders / Further Directions Following Judgment on Motion Heard on 3 November 2011
Outcome
Matter relisted before Registrar in Equity for further directions; costs reserved.
Legal Topics
['further Directions' 'strike Out' 'joinder' 'mortgage Assignment' 'relief Under S 138 of the Real Property Act 1900 (nsw)']
['practice and Procedure' 'equity' 'real Property'] ['further Directions' 'strike Out' 'joinder' 'mortgage Assignment' 'relief Under S 138 of the Real Property Act 1900 (nsw)']

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Procedural Posture

Practice and Procedure; Consequential Orders / Further Directions Following Judgment on Motion Heard on 3 November 2011

Legal Issues

  1. 1 ['Whether further orders should be made after the Court held that paragraphs 2-6 of the relief sought in the Summons and associated pleadings and particulars could be struck out.' 'Whether orders under s 138 of the Real Property Act 1900 (NSW) could be made without a final finding adverse to IIB Global NV concerning the effectiveness of the assignment of mortgage.' "Whether directions should be made for further affidavit evidence as to PTAL's position or for leave to seek joinder of PTAL." 'Whether the matter should instead be relisted for further case management before the Registrar in Equity.']

Ratio Decidendi

Because remaining issues included any application by IIB Global NV to be rejoined and any steps by Mr Pascoe concerning PTAL, and because final relief under s 138 could not be granted without resolving matters affecting IIB Global NV, the preferable course was not to make Mr Pascoe's proposed directions but to relist the matter for further case management before the Registrar in Equity.

Court Disposition

Matter relisted before Registrar in Equity for further directions; costs reserved.

Orders

  • ['The matter be relisted for directions before the Registrar in Equity on 1 February 2012.' 'The costs of the motion heard on 3 November 2011 are reserved.']