Application of Simon Richard Bochenek; re Estate of Late Betty Elaine Bochenek [2011] NSWSC 435

Application of Simon Richard Bochenek; re Estate of Late Betty Elaine Bochenek [2011] NSWSC 435

Given the mortgagee cannot be found, and there has been no demand or claim since 1964 nor response to the notice of intended distribution, the court determined all amounts due under the mortgage have been paid, activating jurisdiction under Conveyancing Act, s 98.

Jurisdiction
Australia
Judgment Date
30 March 2011
Procedural Posture
Application / Determination
Outcome
Order that all amounts due under the mortgage have been paid; matter referred to registrar for certificate under s98(1F); no order as to costs.
Legal Topics
['mortgages' 'unlocated Mortgagee' 'redemption of Mortgage' 'conveyancing Act Applications']
['equity' 'real Property'] ['mortgages' 'unlocated Mortgagee' 'redemption of Mortgage' 'conveyancing Act Applications']

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Procedural Posture

Application / Determination

Legal Issues

  1. 1 ['Whether the mortgagee under mortgage book 2686 number 175 can be found' 'Whether all amounts due under the mortgage have been paid']

Ratio Decidendi

Given the mortgagee cannot be found, and there has been no demand or claim since 1964 nor response to the notice of intended distribution, the court determined all amounts due under the mortgage have been paid, activating jurisdiction under Conveyancing Act, s 98.

Court Disposition

Order that all amounts due under the mortgage have been paid; matter referred to registrar for certificate under s98(1F); no order as to costs.

Orders

  • ['Summons may be filed in the amended form' 'Summons returnable instanter' 'Determined pursuant to Conveyancing Act, s 98(1) that all amounts due under mortgage book 2686 number 175 have been paid' 'No order as to costs' 'Matter referred to registrar for issue of certificate under s 98(1F)']