Australia and New Zealand Banking Group Ltd v A-Link Technology Pty Ltd [2019] NSWSC 1049

Australia and New Zealand Banking Group Ltd v A-Link Technology Pty Ltd [2019] NSWSC 1049

As the registered mortgage takes priority over the unregistered lease and service was properly effected, there is no basis for the writ of possession to be set aside; notice of motion dismissed.

Source-derived case information.

Parties
Applicant: Mehajer Holdings Pty Ltd; Respondent/plaintiff: Australia and New Zealand Banking Group Ltd
Jurisdiction
Australia
Judgment Date
02 August 2019
Procedural Posture
Principal Judgment / Notice of Motion
Outcome
Notice of motion dismissed
Legal Topics
Application by Occupier to Set Aside Writ of Possession, Priority of Registered Mortgage Over Registered Lease, Service of Process
Mortgages and Securities Civil Procedure Application by Occupier to Set Aside Writ of Possession Priority of Registered Mortgage Over Registered Lease Service of Process

Source-derived case record

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Parties

Mehajer Holdings Pty Ltd

Applicant

Australia and New Zealand Banking Group Ltd

Respondent/plaintiff

Procedural Posture

Principal Judgment / Notice of Motion

Legal Issues

  1. 1 Whether service of process was properly effected
  2. 2 Whether writ of possession should be set aside
  3. 3 Priority between registered mortgage and unregistered lease

Ratio Decidendi

As the registered mortgage takes priority over the unregistered lease and service was properly effected, there is no basis for the writ of possession to be set aside; notice of motion dismissed.

Court Disposition

Notice of motion dismissed

Orders

  • The notice of motion is dismissed.