Re Carl Heinrich Schurr; Ex parte Public Trustee [1920] HCA 38; (1920) 27 CLR 442 (15 June 1920)

HIGH COURT OF AUSTRALIA

In re Carl Heinrich Schurr; Ex parte The Public Trustee.

H C of A

15 June 1920

Starke J.

J. H. Moore (Lowe with him), for the Public Trustee.

Claude Robertson (Magennis with him), for Schurr.

June 15

Starke J.

made an order in the following terms:—

Order that Robert McKeeman Oakley, the Public Trustee appointed pursuant to the Trading with the Enemy Act 1914-1916, be and he is hereby authorized to pay Thomas Elford Edwards out of any property paid to him, the Public Trustee, in respect of Carl Heinrich Schurr, an enemy subject within the meaning of the said Act, the principal moneys and interest due to the said Thomas Elford Edwards under a certain mortgage from the said Carl Heinrich Schurr to the said Thomas Elford Edwards registered in the Office of Titles in the State of Victoria and numbered 312,280 and the proper costs, charges and expenses incurred by the said Thomas Elford Edwards in relation to the said mortgage debt or security, such costs, charges and expenses to be taxed and moderated by the Principal Registrar of this Court, on condition that the said Thomas Elford Edwards do discharge the premises mentioned in the said mortgage from all moneys secured thereunder and do reconvey the said premises to the said Public Trustee free and clear of all encumbrances created by him or any person claiming by, from or under him and do deliver up upon oath to the said Public Trustee all deeds, documents and writings in his custody or power relating to the said premises. Order that the costs of the Public Trustee of this motion (as between solicitor and client) be paid out of any property paid to him in respect of the said Carl Heinrich Schurr, such costs to be taxed by the Principal Registrar of this Court. Order that the costs of the said Carl Heinrich Schurr of this motion be paid by the Public Trustee out of any property paid to him in respect of the said Carl Heinrich Schurr to Messrs. Gair & Brahe, the solicitors of the said Carl Heinrich Schurr, such costs to be taxed by the Principal Registrar of this Court.

Solicitor for the Public Trustee, Gordon H. Castle, Crown Solicitor for the Commonwealth.

Solicitors for Schurr, Gair & Brahe.