Perpetual Trustees Victoria Ltd v English (No 2) [2010] NSWCA 327

Perpetual Trustees Victoria Ltd v English (No 2) [2010] NSWCA 327

The additional orders propounded by Perpetual and Ms English were made because they were filed pursuant to the Court's earlier order to give effect to Perpetual's successful appeal against Mr English, there was consent, no apparent prejudice arose from making them later, and the Court had power to make them under Supreme Court Act 1970, s 46(1)(a).

Jurisdiction
Australia
Judgment Date
30 November 2010
Procedural Posture
Appeal / Consequential Orders; Additional Orders by Consent on the Papers
Outcome
Additional orders by consent made.
Legal Topics
['judgments and Orders' 'additional Orders by Consent' 'mortgage' 'trustees for Sale']
['civil Procedure' 'real Property'] ['judgments and Orders' 'additional Orders by Consent' 'mortgage' 'trustees for Sale']

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Procedural Posture

Appeal / Consequential Orders; Additional Orders by Consent on the Papers

Legal Issues

  1. 1 ["Whether additional orders should be made to give effect to Perpetual's successful appeal against the dismissal of its claim against Mr English." 'Whether the orders of the primary judge dismissing the claim against Mr English should be set aside as implicit in the earlier orders and the additional orders.']

Ratio Decidendi

The additional orders propounded by Perpetual and Ms English were made because they were filed pursuant to the Court's earlier order to give effect to Perpetual's successful appeal against Mr English, there was consent, no apparent prejudice arose from making them later, and the Court had power to make them under Supreme Court Act 1970, s 46(1)(a).

Court Disposition

Additional orders by consent made.

Orders

  • ['A declaration that the Mortgage has full force and effect as against the interest of the first respondent in the property known as 36 Brisbane Road, Castle Hill and being the whole of the land comprised in folio identifier 4/13841 (Property) (as now vested in the Official Trustee) in respect of all moneys...