Watson Wyatt Superannuation Pty Ltd v Oberlechner and 2 ors

[2008] NSWSC 272

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Securities
2. › charges
3. › pursuant to condition imposed by Court
4. › construction
5. › whether charge of proceeds of suit caught moneys paid voluntarily by defendant in discharge of cause of action
6. › where policy against assignment of interests in superannuation funds
7. › whether charge defeated by contractual forfeiture
8. › whether moneys ceased to be part of trust fund on admission but before payment of claim.
1. Costs
2. › provision in security obliging mortgagor to pay all mortgagee’s costs of acting in connection with mortgage
3. › whether suit in connection with charge was caught
4. › discretionary considerations.