GE Commercial Corporation (Aust) v Lehane [2008] NSWSC 963

In this case GE obtained an order for specific performance against the borrower (who was bankrupt) that the borrower execute a mortgage able to be registered as a second mortgage. The trustee in bankruptcy executed the mortgage but refused to have himself registered as the proprietor of the land. The Registrar General declined to register the mortgage on the ground that the trustee in bankruptcy has not had himself registered as proprietor. To break the impasse the court ordered the Registrar General to register the mortgage pursuant to s138(1) of the RPA.

Click here to read the full judgment

Scroll to Top