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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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- Three '12