› purchaser’s lien for payment of part of purchase money
› on a sale for $180 000 Special Clause 35 provided:“The vendor acknowledges that he has received $138,000 towards the purchase price from the purchaser in full satisfaction of the judgment obtained by the purchaser against the vendor in proceedings Number 5827/01 issued out of the District Court in Sydney.
Consideration of purchaser’s lien. HELD
› purchaser’s lien exists throughout until completion even if no entitlement to repayment has arisen
› consideration of Ex Parte Lord [1985] 2 Qd R 198 at 201
› purchaser’s lien for $138, 000 arose on exchange
› on assessment of competing equities, an alleged unregistered mortgagee did not have a better equity than the purchaser.
Case Details
Citation[2008] NSWSC 1316
CourtNSWSC
JurisdictionNew South Wales
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