PROCEDURE - amendment - leave to amend Statement of Claim to add parties - delay - lack of explanation for delay - whether fatal - proposed defendants already cross-defendants - effect of joinder on limitation period.
PROCEDURE - possession proceedings - application by occupiers to be joined - life tenant and remaindermen not registered on title - whether interests prevail over registered mortgagee - effect on limitation period of joinder on potential cross-defendants - s 74 Limitation Act.
REAL PROPERTY - Torrens system - indefeasibility - Administrator mortgages estate property -rights of life tenant and remaindermen - rights in personam - constructive notice of interests -unconscionability.
LIMITATION OF ACTIONS - when action accrues - loan of funds - claim by lender -whether no-transaction case - nature of interest infringed.
Case Details
Citation[2012] NSWSC 979
CourtNSWSC
JurisdictionNew South Wales
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