Corsi & Corsi v Crestco Pty Ltd [1999] QSC 306

f..J brcq v( 'q II ~r\' \e 7>7' 1\ State Reporting Bureau 5C ~~/3"CX; TRANSCRIPT OF PROCEEDINGS Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J Application No 32 of 1999 DINO CORSI and ALICE MARY CORSI Applicants v. CRESTCO PTY LTD Respondent CAIRNS .. DATE 08/09/99 JUDGMENT 1 I I "jlllll", Till' I.aw ('Ollrts, (;'"'or~~e Stnd, ilrislialll', Q. ~f)OO Tc!t'phllll(': (07) J2~7 ..jJ()() Fax: (07) J2·0 55.12 -- 1 of 3 -- 080999 D.1 T1/MFK M/T CNS802/99 (Jones J) HIS HONOUR: In this matter the applicants is the mortgagee of two properties registered in the name of the respondent. They allege that there have been breaches of the terms of the mortgages and now wish to give notices of exercise of power of sale and demand for possession. The breaches are detailed in. the affidavit of Stephen James Todd and the exhibits thereto and it shows that there has been, since the breaches occurred, significant attempts to keep the commercial arrangement between the parties on foot. At all times however the applicant has been careful to maintain its right to demand possession because of the breaches. The notices, which are the subject of this application, were on 5 May 1999, delivered to the registered office of the respondent company at 3 Pease Street, Cairns. The notices were returned with the endorsement that the company was not known at that address. Notices were also hand delivered at the business premises, which are the subject of the mortgage. The notices were sent by letter to the solicitors then acting for the respondent company, Gadens of Cairns. Since that date, Gadens have continued to be retained by the respondent company. In particular letters, copies of which 10 c 30 c 40 c 50 are exhibits to Mr Todd's affidavit, were dispatched by Vandeleur and Todd solicitors to Gadens. This indicates to me 60 2 JUDGMENT -- 2 of 3 -- 080999 D.1 T1/MFK M/T CNS802/99 (Jones J) that there has been continuing contact between Gadens and the principal of the respondent company. The last of those letters was as recent as 4 August 1999. Even if Gadens have ceased to act for the respondent company, a matter about which no notice has been given, they appear at least to have been aware of a recent address for the principal of the respondent company. In all the circumstances I direct that the service of the notice of demand for possession and notice for the exercise of power of sale are to be served on Gadens solicitors at Cairns by registered post and that such service shall be sufficient service for the purposes of the Property Law Act 1974. I order that the respondent pay the applicants' costs of an incidental to this application, to be taxed. 3 JUDGMENT 10 20 30 40 50 60 -- 3 of 3 --