Champion Homes Sales Pty Ltd v JKAM Investments Pty LtdHotray Pty Ltd v JKAM Investments Pty Ltd

[2014] NSWSC 952

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. EQUITY - equitable interests in real property - equitable charge - created by words of present grant - no separate requirement of consideration for grant of charge
1. EQUITY - equitable interests in real property - unregistered mortgages - whether grant of mortgage supported by consideration - whether mortgage does not secure any obligations
1. EQUITY - equitable interests in real property - purchaser under contract for sale - whether no interest because specific performance would not be ordered
1. EQUITY - equitable interests - priorities - whether holders of earlier interests guilty of postponing conduct by remaining silent or engaging in sharp practice - failure to caveat not postponing conduct where holders of later interests fail to search register - whether holders of later interests took with notice of earlier interest