Miranda Builders' and Businessmen's Club, Application [2003] NSWSC 676

Bransgroves filed an application to have the charge removed on the basis it was defunct All of the current directors have sworn an affidavit in which they say they only became aware of the charge when they were told about it by Bransgroves. The club’s accountant of the plaintiff has provided an affidavit saying that there is no record of any debt secured by any such charge in the books of the company. The trustees for debenture holders, named in the charge, all died in the 1980s and none had probate taken out.

Justice Austin noted that if any interest had not been discharged it would, in any event, have been extinguished by the operation of the Limitations Act and, on that basis, he made an order removing the charge from the register.

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