Daily Banking: Wednesday, 20 May 2015 View in browser

A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Daily Banking

Executive Summary (One Minute Read)
Sanna v Wyse and Young International Pty Ltd (No.2) (NSWSC) - real property - caveats - no serious question to be tried - caveats removed
Whyte v McLuskie(QSC) - corporations - examinees’ challenges to validity of summonses failed - application dismissed
Australia & New Zealand Banking Group Ltd v Menzel(QSC) - real property - caveats - registered mortgagee of land granted removal of caveats
Summaries With Link (Five Minute Read)
Sanna v Wyse and Young International Pty Ltd (No.2) [2015] NSWSC 581
Supreme Court of New South Wales
Darke J
Real property - caveats - successive caveats - plaintiff was registered proprietor of lot - plaintiff sought orders under s74MA Real Property Act 1900 requiring defendants to withdraw caveats lodged in respect of property - plaintiff was judgment debtor to company - plaintiff wished to borrow money on security of property in order to pay judgment debt - plaintiff denied he owed money to defendants - s74O held: no serious question to be tried - defendants would not be granted interlocutory injunctions against plaintiff to protect interests claimed - caveats removed.
Whyte v McLuskie [2015] QSC 132
Supreme Court of Queensland
Burns J
Corporations - managed investments - winding up - examination summonses issued by Court and served on examinees - examinees contended summonses issued beyond power or were abuse of process of the Court - examinees sought discharge of summonses out of time - examinees also sought access to affidavit material filed in support of issue of summonses - ss596B & 601NF(2) Corporations Act 2001 - held: no substance to examinees’ challenge to summonses - application dismissed.
Australia & New Zealand Banking Group Ltd v Menzel [2015] QSC 127
Supreme Court of Queensland
P McMurdo J
Real property - caveats - applicant was registered mortgagee of parcels of land owned by respondents - owner sought removal of caveats - whether application should be further adjourned - whether serious case to be tried on cause of action said to be foundation of caveat - onus - ss84 & 85 Property Law Act 1974 - held: adjournment of application refused - respondents failed to demonstrate serious case to be tried - balance of convenience favoured removal of caveats - respondents failed to discharge onus - caveats lodged by respondents removed.