Printy v Provident Capital Limited and Anor [2007] NSWSC 287 (30 March 2007)

Last Updated: 2 April 2007

NEW SOUTH WALES SUPREME COURT







CITATION: Printy v Provident Capital Limited & Anor [2007] NSWSC 287











JURISDICTION: Common Law Division







FILE NUMBER(S): 20430/05







HEARING DATE{S): 21 March 2007







JUDGMENT DATE: 30 March 2007







PARTIES:



James Richard Printy (Plaintiff)



Provident Capital Limited (1st Defendant)



Registrar General of New South Wales (2nd Defendant)







JUDGMENT OF: Studdert J







LOWER COURT JURISDICTION: Not Applicable







LOWER COURT FILE NUMBER(S): Not Applicable







LOWER COURT JUDICIAL OFFICER: Not Applicable















COUNSEL:



I. Wales SC (Plaintiff)



P. Taylor SC (1st Defendant)



P. Walsh (2nd Defendant)







SOLICITORS:



Lyndon Sayer-Jones & Associates (Plaintiff)



Bersten Pain Pty Limited (1st Defendant)



K. Hall (2nd Defendant)











CATCHWORDS:











LEGISLATION CITED:



Real Property Act



Uniform Civil Procedure Rules







CASES CITED:



Almeida v Universal Dye Works Pty Limited & Ors [2001] NSWCA 156



Bullock v London General Omnibus Co. (1907) 1 KB 264



Challenger Managed Investments Limited & Anor v Direct Money Corporation Pty Limited & Ors [2003] NSWSC 1072; (2003) 59 NSWLR 452



Gould v Vaggelas (1983-85) 157 CLR 215



Perpetual Trustees Victoria Limited & Anor v Tsai [2004] NSWSC 745; (2004) 12 BPR 22,281



PT Limited v Maradona (1992) 25 NSWLR 643



Roads and Traffic Authority & Ors v Palmer [2005] NSWCA 140



Small v Tomassetti [2001] NSWSC 1112; (2001) 12 BPR 22,253



Steppke v National Capital Development Commission (1978) 21 ACTR 23







DECISION:



THE CLAIM IN RELATION TO THE FIRST MORTGAGE: (1) Order as sought against the first defendant in para 1 of the relief claimed in the statement of claim filed on 12 December 2005; (2) Order that the first defendant pay the plaintiff's costs of the proceedings in respect of this claim; (3) Order refusing the relief claimed in the alternative against the second defendant as to the first mortgage; (4) Order that the plaintiff pay the second defendant's costs of the proceedings in respect of this alternative claim; (5) I direct that the parties prepare short minutes expressing the sum payable pursuant to order 1. THE CLAIM IN RELATION TO THE SECOND MORTGAGE: (6) Order as sought against the second defendant in para 2 of the relief claimed in the statement of claim filed 12 December 2005; (7) Order that the second defendant pay the plaintiff's costs of the proceedings in respect of this claim; (8) I direct that the parties prepare short minutes expressing the sum payable pursuant to order 6; (9) The matter is to be relisted on 5 April 2007 to receive the required short minutes and to make appropriate orders to give effect to them.











JUDGMENT:



