Perpetual Trustees Victoria Ltd v English (No 2)

Perpetual Trustees Victoria Ltd (the appellant) sought additional orders from the court concerning a mortgage over a property at 36 Brisbane Road, Castle Hill, which was vested in the Official Trustee. The dispute involved the appellant's rights under a mortgage and loan agreement in relation to the property, and the potential sale of that property by the second and third respondents.

The court was required to determine whether to grant a declaration that the mortgage had full force and effect against the first respondent's interest in the property for all moneys outstanding, including interest, charges, and costs. Additionally, the court needed to consider orders for the appointment of trustees for sale under section 66G of the Conveyancing Act 1919 (NSW) if contracts for the sale of the property were not exchanged by a specified date on terms satisfactory to the appellant.

The court made orders by consent of the parties. It declared that the mortgage was in full force and effect against the first respondent's interest in the property for all moneys outstanding under the loan agreement and mortgage, including further interest, charges, and costs. The court also ordered that if contracts for the sale of the property were not exchanged by 15 June 2010 on terms satisfactory to the appellant, then trustees for sale would be appointed under section 66G of the Conveyancing Act 1919 (NSW). The parties were to endeavour to agree on the identity of these trustees within 14 days, failing which the proceedings would be relisted for the court to appoint them. The orders further stipulated that the trustees' fees, expenses, and legal costs would be paid from the sale proceeds, and the net proceeds would be paid to the appellant and the second respondent in equal shares. Liberty was granted to the parties or any appointed trustee to restore the proceedings for further orders.