That writ was recorded in the torrens register at

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Unformatted text preview: Smiths owned Wanaka, a 1600-acre property. Black, and two partners, obtained judgment against the Smiths for $228 000. On 15 July 2005, the Garnocks and the Luffs agreed to buy Wanaka from the Smiths. Settlement was due to take place at 2 pm on 24 August 2005. The day before settlement, the judgment creditors obtained a writ of execution from the District Court. That writ was recorded in the Torrens register at 11.53 am on 24 August. The recording of the writ would entitle the Sheriff to sell the property to pay the judgment debt. Settlement of the sale of Wanaka proceeded at 2 pm, but the transfer couldn’t be registered due to the writ. The Garnocks and Luffs began proceedings to stop the judgment creditors and the Sheriff from executing the writ and selling the land. The NSW Court of Appeal granted an injunction against the execution of the writ. The creditors appealed to the High Court. ISSUE: Can a writ, which is created after the exchange of contracts for the sale of land and which is recorded in...
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