Girgis v Permanent Custodians Ltd [2007] NSWSC 1025

Girgis v Permanent Custodians Ltd [2007] NSWSC 1025

Because the property had already been sold at auction by Permanent Custodians Ltd as mortgagee before the plaintiff lodged the caveat, the plaintiff no longer had an arguable estate or interest in the land as registered proprietor or otherwise; any claim for over-valuation sounded in damages, the balance of convenience favoured allowing completion of the sale, and damages were an adequate remedy.

Jurisdiction
Australia
Judgment Date
06 September 2007
Procedural Posture
Application to Extend Caveat Against Property / Ex Tempore Judgment
Outcome
Application dismissed.
Legal Topics
['torrens Title' 'caveats Against Dealings' 'mortgagee Sale' 'equitable Interest' 'interlocutory Injunction Considerations']
['conveyancing' 'real Property'] ['torrens Title' 'caveats Against Dealings' 'mortgagee Sale' 'equitable Interest' 'interlocutory Injunction Considerations']

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Procedural Posture

Application to Extend Caveat Against Property / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the caveat lodged by the former registered proprietor after a mortgagee sale was supported by an estate or interest in the land.' "Whether the caveat should be extended pending the plaintiff's dispute about the mortgage and alleged over-valuation of the property."]

Ratio Decidendi

Because the property had already been sold at auction by Permanent Custodians Ltd as mortgagee before the plaintiff lodged the caveat, the plaintiff no longer had an arguable estate or interest in the land as registered proprietor or otherwise; any claim for over-valuation sounded in damages, the balance of convenience favoured allowing completion of the sale, and damages were an adequate remedy.

Court Disposition

Application dismissed.

Orders

  • ['Paragraph 1 of the summons dismissed.' 'The order may be entered forthwith.' 'The summons stood over before the Registrar at 9.30 am on Thursday 20 September 2007.']