Black v Garnock

HIGH COURT OF AUSTRALIAGLEESON CJGUMMOW, HAYNE, CALLINAN AND CRENNAN JJSTUART ALEXANDER BLACK & ORS   APPELLANTSANDBRYCE LACHLAN GARNOCK & ORS  RESPONDENTSBlack v Garnock[2007] HCA 311 August 2007S401/2006ORDER1.Appeal allowed with costs.2.Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales made on 1 June 2006 and in their place order that:(a)the appeal to that Court be dismissed with costs; and(b)there be an inquiry into what damages, if any, the first to third respondents in the Court of Appeal (namely, Stuart Alexander Black, Vaughan Lee Chapman and Andrew Philip Carter) suffered by reason of either the injunction granted by Campbell J by order made on 7 October 2005 or the injunction granted by Basten JA by order made on 21 December 2005 which the appellants in the Court of Appeal (namely, Bryce Lachlan Garnock, Sarah Jane Garnock, Robert Leonard Luff and Lynette Anne Luff) ought to pay.On appeal from the Supreme Court of New South WalesRepresentationJ Stoljar with K W Dawson for the appellants (instructed by SBA Lawyers)G C Lindsay SC with A J Grant and G F Mahony for the first to fourth respondents (instructed by Capon & Hubert)Submitting appearance for the fifth respondentNo appearance for the sixth respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSBlack v GarnockConveyancing – Land titles under the Torrens system – Execution against land under the Torrens system – Recording of a writ for the levy...