Porter v Low [2018] NSWSC 672

Porter v Low [2018] NSWSC 672

The plaintiff, as trustee in bankruptcy, is entitled to possession of the property and to orders for the cancellation and reissue of the certificate of title, as the defendant has failed to relinquish the certificate, hindering the plaintiff's ability to discharge his responsibilities.

Jurisdiction
Australia
Judgment Date
14 May 2018
Procedural Posture
Possession and Orders for Cancellation and Reissue of Certificate of Title / Default Judgment on Notice of Motion
Outcome
Judgment for the plaintiff
Legal Topics
['possession of Land' 'trustee in Bankruptcy' 'cancellation and Issue of Certificate of Title']
['real Property' 'bankruptcy'] ['possession of Land' 'trustee in Bankruptcy' 'cancellation and Issue of Certificate of Title']

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Procedural Posture

Possession and Orders for Cancellation and Reissue of Certificate of Title / Default Judgment on Notice of Motion

Legal Issues

  1. 1 ['Whether the plaintiff as trustee in bankruptcy is entitled to possession of the property' 'Whether the Court should order the cancellation of the current certificate of title and issuance of a new certificate to the plaintiff under s 138 of the Real Property Act 1900 (NSW)']

Ratio Decidendi

The plaintiff, as trustee in bankruptcy, is entitled to possession of the property and to orders for the cancellation and reissue of the certificate of title, as the defendant has failed to relinquish the certificate, hindering the plaintiff's ability to discharge his responsibilities.

Court Disposition

Judgment for the plaintiff

Orders

  • ['Judgment for the plaintiff for possession of the land comprised in Certificate of Title Folio Identifier 5/SP35790 being Lot 5 in Strata Plan 35790 at 2-4 Hindmarsh Avenue, North Wollongong NSW.' 'Leave to issue writ of possession forthwith.' 'Order the Registrar-General to cancel the current Certificate of Title...