Surfers Paradise Investments Pty Ltd (in liq) v Davoren Nominees Pty Ltd
[2003] QCA 458
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Applicant applied for declaration that respondent surrendered registered mortgage and held proceeds of sale for applicant; declared mortgage not surrendered: Mackenzie J
Appeal Determined (QCA)
[2003] QCA 458 [2004] 1 Qd R 567
24 Oct 2003
Applicant appealed against [2003] QSC 25; whether primary judge erred in failing to find that proof of debt by secured creditor was election to surrender security; appeal allowed and declared that mortgage surrendered and applicant entitled to sale proceeds: Williams and Jerrard JJA and Dutney J
Appeal Status
Appeal Determined (QCA)
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