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Bell v Hartnett Lawyers (No. 2) [2021] NSWSC 1270 — Priorities & Civil Procedure — Barrister AI

Bell v Hartnett Lawyers (No. 2)

[2021] NSWSC 1270

Supreme Court of NSW

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Interrogate

Catchwords

1. Mortgages and Securities
2. › Priorities
3. › estate of deceased mortgagor entitled to equity of redemption in net proceeds of sale of mortgaged property
4. › solicitor for mortgagee entitled to equitable litigation lien over proceeds of sale of mortgaged property
5. › which equity is prior in time
6. › issue not clearly raised on the pleadings
7. › directions made for issue to be pleaded.
1. Civil Procedure
2. › Service of originating process in equity proceedings (“the Equity proceedings”)
3. › where service of process is said to be defective pursuant to Uniform Civil Procedure Rules 2005
4. › where service failed to include a notice under the Service and Execution of Process Act 1992 (Cth)
5. › the Court grants leave to serve originating process
6. › what costs orders should be made.

Case Details

Citation[2021] NSWSC 1270

CourtNSWSC

JurisdictionNew South Wales

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The full text is available to signed-in members, including the 12 later cases that cite this judgment.

2 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.

Cited by12

2026Haiyong Su v 5 Blackman Cres Macquarie Pty LtdNSWSC 875
2026Gibraltar Capital Pty Limited v Chalmers; Chalmers v Gibraltar Capital Pty LimitedNSWDC 157
2026Lord v CraigNSWSC 17
2024Adelaide Concrete Cutting & Drilling Pty Ltd v Marino (No 2)NSWSC 499
and 8 more after sign-in

Relies on30

2021Atanaskovic Hartnell v Birketu Pty LtdNSWCA 201
2021Council of the New South Wales Bar Association v SigginsNSWCA 40
2020John Ljubomir Atanaskovic and the persons named in Schedule A trading as Atanaskovic Hartnell v Birketu Pty Ltd – Supervisory JurisdictionNSWSC 573
2018Newell; Muriniti v De CostiNSWCA 49
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