Resumption

Cudgegong v Transport for NSW [2015] NSWLEC 185

This case was a priority dispute remitted by the Court of Appeal to the Court of Land and Environment between the purchaser and the previous owner of the land, a de-registered company. The land was subject to two mortgages and the lender exercised its power of sale. However before the sale contract completed, the Transport …

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Golden Mile Property Investments v Cudgegong Australia [2015] NSWCA 100

Mortgaged land was compulsorily aquired by the state (resumed) for the North West Rail Link.  At the time of the resumption negotiations began  the property had just been sold by a lender, exercising power of sale, however the sale was not completed.  The resumption price exceeded the  contract price and the lender and purchaser renegotiated. …

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