RAMS MORTGAGE CORPORATION LTD -v- SKIPWORTH [2008] WASCA 148
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2008] WASCA 148 | |
| THE COURT OF APPEAL (WA) | |||
| Case No: | CACV:62/2007 | 18 JUNE 2008 | |
| Coram: | PULLIN JA BUSS JA MURRAY AJA | 21/07/08 | |
| 10 | Judgment Part: | 1 of 1 | |
| Result: | Appeals dismissed | ||
| B | |||
| PDF Version |
| Parties: | RAMS MORTGAGE CORPORATION LTD JANET-JANE TURNBULL SKIPWORTH |
Catchwords: | Mortgage Stay of execution of Property Seizure and Sale Order Appeal against granting of stay Stay of execution already discharged when appeal was heard Mortgagee already in possession when appeal was heard Grounds of appeal moot Appeal without utility Turns on own facts |
Legislation: | Nil |
Case References: | Rams Mortgage Corporation Ltd v Skipworth (No 2) [2007] WASC 75 Rams Mortgage Corporation Ltd v Skipworth [2007] WASC 24 Skipworth v State of Western Australia [2007] FMCA 1730 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : RAMS MORTGAGE CORPORATION LTD -v- SKIPWORTH [2008] WASCA 148 CORAM : PULLIN JA
- BUSS JA
MURRAY AJA
- CACV 63 of 2007
- Appellant
AND
JANET-JANE TURNBULL SKIPWORTH
Respondent
(Page 2)
ON APPEAL FROM:
For File No : CACV 62 of 2007
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram : EM HEENAN J
Citation : RAMS MORTGAGE CORPORATION LTD -v- SKIPWORTH & ANOR [2007] WASC 24
File No : CIV 1509 of 2006
For File No : CACV 63 of 2007
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram : EM HEENAN J
Citation : RAMS MORTGAGE CORPORATION LTD -v- SKIPWORTH & ANOR (NO 2) [2007] WASC 75
File No : CIV 1509 of 2006
Catchwords:
Mortgage - Stay of execution of Property Seizure and Sale Order - Appeal against granting of stay - Stay of execution already discharged when appeal was heard - Mortgagee already in possession when appeal was heard - Grounds of appeal moot - Appeal without utility - Turns on own facts
Legislation:
Nil
Result:
Appeals dismissed
(Page 3)
Category: B
Representation:
Counsel:
Appellant : Mr D H Solomon
Respondent : No appearance
Solicitors:
Appellant : Solomon Brothers
Respondent : In person
Case(s) referred to in judgment(s):
Rams Mortgage Corporation Ltd v Skipworth (No 2) [2007] WASC 75
Rams Mortgage Corporation Ltd v Skipworth [2007] WASC 24
Skipworth v State of Western Australia [2007] FMCA 1730
(Page 4)
1 PULLIN JA: I agree with Buss JA.
BUSS JA:
Background to appeal CACV 62 of 2007
2 By an appeal notice dated 12 April 2007, the appellant appeals against the orders made by EM Heenan J on 8 February 2007 in Rams Mortgage Corporation Ltd v Skipworth [2007] WASC 24. On 18 April 2007, McLure JA ordered that the appellant be granted an extension of time within which to appeal.
3 EM Heenan J's decision arose from the respondent's application, dated…
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- Case
- [2008] WASCA 148
- Decision Date
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Appeals dismissed
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