Clairview Developments Pty Ltd v Law Mortgages Gold Coast Pty Ltd
[2007] QCA 141
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Application for summary judgment by defendant and to set aside caveats registered on property register; applicant transferee of mortgage seeking to exercise right of sale; claim by mortgagor the subject of summary judgment application against mortgagee parties; application granted.
Appeal Determined (QCA)
[2007] QCA 141 [2007] 2 Qd R 501
27 Apr 2007
Appeal against the grant of summary judgment and removal of caveats over property by mortgagor; primary judge was right to conclude that the respondents were entitled to rely on the indefeasibility of the mortgages transferred to them and to enforce their rights under them against the appellant: McMurdo P, Jerrard JA and Helman J (Helman J dissenting in part would have set aside summary judgment).
Appeal Status
Appeal Determined (QCA)
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