IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
AFFIDAVIT OF ALEXANDER SHEED-FINCK
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
I, Alexander Sheed Finck of 65 Nixon Street, Shepparton, Victoria 3060, Legal
Practitioner, MAKE OATH AND SAY as follows:
Background
1. I am a Barrister and Solicitor of this Honourable Court and I am a legal
practitioner under the provisions of the Legal Profession Uniform Law
(Victoria).
2. I am a Director of the law firm SMR Legal.
3. I am one of the two plaintiffs in this matter. My wife, Ms Rebekah Farrell is
the other plaintiff. I am authorised to make this affidavit on her behalf.
Compliance with Order 1 of Associate Justice Mukhtar’s Orders
4. I refer to the Orders of Associate Justice Mukhtar dated 7 September 2015
(“the Orders”). Now produced and shown to me and marked with the letters
“ASF-1” is a true copy of the Orders.
5. Pursuant to Order 1, I personally attended to weatherproofing (by laminating)
a copy of a notice in the form of Schedule One of the Order enlarged to size
A3. I then erected it on a post in a conspicuous way alongside the letterbox
adjacent to the driveway of the property at 68-74 Vasey Concourse, Croydon.
6. The notice in the form of Schedule One of the Order was erected on
14 September 2015 and remained displayed until 14 October 2015 in
accordance with Order 1 and Order 2 of the Orders. Now produced and
shown to me and marked with the letters “ASF-2” are true copies of
photographs depicting the enlarged notice erected alongside the letterbox
adjacent to the driveway of the property at 68-74 Vasey Concourse, Croydon.
Compliance with Order 3 of Associate Justice Mukhtar’s Orders
7. Pursuant to Order 3, I obtained Title Searches for Lots identified at Schedule
Two of the Order through the Land Registry, Landata electronic title search
system (“Title Searches”).
8. In accordance with Order 3 and with reference to the Title Searches, I
arranged together with my colleague and fellow director of SMR Legal, Ms
Kelli Ritchie, for letters enclosing a copy of Schedule One and a colour copy
of Schedule Four of the Orders to be sent by pre-paid ordinary mail to the
addresses of those registered proprietors and mortgagees identified at
Schedule 2 and Schedule 3 of the Orders. Paragraphs 9 to 38 detail the
process undertaken in serving each of those registered proprietors and
mortgagees.
9. The Register Search Statement for Lot 2 on Plan of Subdivision LP16996
shows that it is now known as Lots 28, 29,30, 31, 32, 33, 35 on Plan of
Subdivision 204937R and Lots 35 and 36 on Plan of Subdivision 204935V.
10. The Register Search Statement for Lot 28 on Plan of Subdivision 204937R
shows that it is the property situate at and known as 2 Heyington Close
Croydon and the registered proprietor is Kingswood Drive Pty Ltd. On 11
September 2015 my colleague, Ms Ritchie forwarded correspondence by prepaid ordinary mail to Kingswood Drive Pty Ltd care of 2 Heyington Close
Croydon and 17 Dalray Place Lilydale enclosing a copy of the Order with
Schedule attached to the Order. The property is the subject of a registered
mortgage to Investec Experien Pty Ltd and a registered mortgage to Bendigo
and Adelaide Bank Ltd. On 11 September, my colleague, Ms Ritchie
forwarded correspondence by pre-paid ordinary mail to the Proper Officer of
Investec Experien Pty Ltd of GPO Box 2290 Victoria and the Proper Officer of
Bendigo and Adelaide Bank Ltd of the Bendigo Centre PO Box 480 Bendigo
providing the banks with a copy of the Order with Schedule attached. Now
produced and shown to me and marked with the letters “ASF-3” is a true copy
of the Register Search Statement pertaining to Lot 29 on Plan of Subdivision
204937R, the copy letter to Kingswood Drive Pty Ltd dated 11 September
2015, the copy Order with Schedule attached, the copy letter to Investec
Experien Pty Ltd dated 11 September 2015 and the copy Order with Schedule
attached, the copy letter to Bendigo and Adelaide Bank Ltd dated 11
September 2015 and the copy Order with Schedule attached.
11. The Register Search Statement for Lot 29 on Plan of Subdivision 204937R
shows that it is the property situate at and known as 6 Cecil Circuit Croydon
and the registered proprietors are Paul Winston Pritchard and Irene Mary
Pritchard. On 11 September 2015 my colleague, Ms Ritchie forwarded
correspondence by pre-paid ordinary mail to Mr P W and Ms I M Pritchard
care of 6 Cecil Circuit Croydon and 1 Stevanage Court Vermont South
enclosing a copy of the Order with Schedule attached to the Order. The
property is not the subject of a registered Mortgage. Now produced and
shown to me and marked with the letters “ASF-4” is a true copy of the
Register Search Statement pertaining to Lot 28 on Plan of Subdivision
204937R, the copy letter to Mr P W and Ms I M Pritchard dated 11 September
2015 and the copy Order with Schedule attached.
12. The Register Search Statement for Lot 30 on Plan of Subdivision 204937R
shows that it is the property situate at and known as 4 Cecil Circuit Croydon
and the registered proprietor is Ian Graeme Burgoyne. On 11 September
2015 my colleague, Ms Ritchie forwarded correspondence by pre-paid
ordinary mail to Mr I G Burgoyne care of 4 Cecil Circuit Croydon enclosing a
copy of the Order with Schedule attached to the Order. The property is the
subject of a registered mortgage to Australia and New Zealand Banking
Group Ltd. On 11 September, my colleague, Ms Ritchie forwarded
correspondence by pre-paid ordinary mail to the Proper Officer of Australia
and New Zealand Banking Group Ltd of ANZ Centre Melbourne, Level 9 833
Collins Street Melbourne providing the bank with a copy of the Order with
Schedule attached. Now produced and shown to me and marked with the
letters “ASF-5” is a true copy of the Register Search Statement pertaining to
Lot 30 on Plan of Subdivision 204937R, the copy letter to Mr I G Burgoyne
dated 11 September 2015, the copy Order with Schedule attached, the copy
letter to Australia and New Zealand Banking Group Ltd dated 11 September
2015 and the copy Order with Schedule attached.
13. The Register Search Statement for Lot 31 on Plan of Subdivision 204937R
shows that it is the property situate at and known as 2 Cecil Circuit Croydon
and the registered proprietors are Harold Maxwell Goodhead and Jacqueline
Mary Goodhead. On 11 September 2015 my colleague, Ms Ritchie forwarded
correspondence by pre-paid ordinary mail to Mr H M and Ms J M Goodhead
care of 2 Cecil Circuit Croydon enclosing a copy of the Order with Schedule
attached to the Order. The property is not the subject of a registered
Mortgage. Now produced and shown to me and marked with the letters “ASF6” is a true copy of the Register Search Statement pertaining to Lot 31 on
Plan of Subdivision 204937R, the copy letter to Mr H M and Ms J M
Goodhead dated 11 September 2015 and the copy Order with Schedule
attached.
14. The Register Search Statement for Lot 32 on Plan of Subdivision 204937R
shows that it is the property situate at and known as 56 Montana Parade
Croydon and the registered proprietors are Stuart James Dodds and Anita
Michelle Dodds. On 11 September 2015 my colleague, Ms Ritchie forwarded
correspondence by pre-paid ordinary mail to Mr S J and Ms A M Dodds care
of 56 Montana Parade Croydon enclosing a copy of the Order with Schedule
attached to the Order. The property is the subject of a registered mortgage to
National Australia Bank Ltd. On 11 September, my colleague, Ms Ritchie
forwarded correspondence by pre-paid ordinary mail to the Proper Officer of
National Australia Bank Ltd of Level 1 800 Bourke Street Docklands
Melbourne providing the bank with a copy of the Order with Schedule
attached. Now produced and shown to me and marked with the letters “ASF7” is a true copy of the Register Search Statement pertaining to Lot 32 on
Plan of Subdivision 204937R, the copy letter to Mr S J and Ms A M Dodds
dated 11 September 2015, the copy Order with Schedule attached, the copy
letter to National Australia Bank Ltd dated 11 September 2015 and the copy
Order with Schedule attached.
15. The Register Search Statement for Lot 33 on Plan of Subdivision 204937R
shows that it is the property situate at and known as 54 Montana Parade
Croydon and the registered proprietors are Edward Albert Henderson and
Faye Lois Henderson. On 11 September 2015 my colleague, Ms Ritchie
forwarded correspondence by pre-paid ordinary mail to Mr E A and Ms F L
Henderson care of 54 Montana Parade Croydon enclosing a copy of the
Order with Schedule attached to the Order. The property is not the subject of
a registered Mortgage. Now produced and shown to me and marked with the
letters “ASF-8” is a true copy of the Register Search Statement pertaining to
Lot 33 on Plan of Subdivision 204937R, the copy letter to Mr E A and Ms F L
Henderson dated 11 September 2015 and the copy Order with Schedule
attached.
16. The Register Search Statement for Lot 34 on Plan of Subdivision 204937R
shows that it is the property situate at and known as 52 Montana Parade
Croydon and the registered proprietors are Trung Tu and An Nhu Thi Nguyen.
On 11 September 2015 my colleague, Ms Ritchie forwarded correspondence
by pre-paid ordinary mail to Mr T Tu and Ms A N Nguyen care of 52 Montana
Parade Croydon enclosing a copy of the Order with Schedule attached to the
Order. The property is the subject of a registered mortgage to First Mortgage
Company Home Loans Pty Ltd. On 11 September, my colleague, Ms Ritchie
forwarded correspondence by pre-paid ordinary mail to the Proper Officer of
First Mortgage Company Home Loans Pty Ltd of Level 38 Riverside Centre,
127 Eagle Street Brisbane City, Queensland providing the bank with a copy of
the Order with Schedule attached. Now produced and shown to me and
marked with the letters “ASF-9” is a true copy of the Register Search
Statement pertaining to Lot 34 on Plan of Subdivision 204937R, the copy
letter to Mr T Tu and Ms A N Nguyen dated 11 September 2015, the copy
Order with Schedule attached, the copy letter to First Mortgage Company
Home Loans Pty Ltd dated 11 September 2015 and the copy Order with
Schedule attached.
17. The Register Search Statement for Lot 36 on Plan of Subdivision 204935V
shows that it is the property situate at and known as 48 Montana Parade
Croydon and the registered proprietor is Nathalie Elfrida Graves. On 11
September 2015 my colleague, Ms Ritchie forwarded correspondence by prepaid ordinary mail to Ms N E Graves care of 48 Montana Parade Croydon
enclosing a copy of the Order with Schedule attached to the Order. The
property is the subject of a registered mortgage to Pepper Group Ltd. On 11
September, my colleague, Ms Ritchie forwarded correspondence by pre-paid
ordinary mail to the Proper Officer of Pepper Group Ltd of PO Box 6186 North
Sydney NSW providing the bank with a copy of the Order with Schedule
attached. Now produced and shown to me and marked with the letters “ASF10” is a true copy of the Register Search Statement pertaining to Lot 36 on
Plan of Subdivision 204935V, the copy letter to Ms N E Graves dated 11
September 2015, the copy Order with Schedule attached, the copy letter to
Pepper Group Ltd dated 11 September 2015 and the copy Order with
Schedule attached.
18. The Register Search Statement for Lot 35 on Plan of Subdivision 204935V
shows that it is the property situate at and known as 50 Montana Parade
Croydon and the registered proprietors are Michael John Couch and Rita
Couch. On 11 September 2015 my colleague, Ms Ritchie forwarded
correspondence by pre-paid ordinary mail to Mr M J Couch and Ms R Couch
care of 50 Montana Parade Croydon enclosing a copy of the Order with
Schedule attached to the Order. The property is not the subject of a registered
Mortgage. Now produced and shown to me and marked with the letters “ASF11” is a true copy of the Register Search Statement pertaining to Lot 35 on
Plan of Subdivision 204935V, the copy letter to Mr M J Couch and Ms R
Couch dated 11 September 2015 and the copy Order with Schedule attached.
19. The Register Search Statement for Lot 8 on Plan of Subdivision LP16996
shows that it is the property situate at and known as 65-59 Montana Parade
Croydon and the registered proprietors are Russell Percival Pratt and
Maureen Ruth Pratt. On 11 September 2015 my colleague, Ms Ritchie
forwarded correspondence by pre-paid ordinary mail to Mr R P and Ms M R
Pratt care of 65-59 Montana Parade Croydon enclosing a copy of the Order
with Schedule attached to the Order. The property is not the subject of a
registered Mortgage. Now produced and shown to me and marked with the
letters “ASF-12” is a true copy of the Register Search Statement pertaining to
Lot 8 on Plan of Subdivision LP16996, the copy letter to Mr R P and Ms M R
Pratt dated 11 September 2015 and the copy Order with Schedule attached.
20. The Register Search Statement for Lot 9 on Plan of Subdivision LP16996
shows that it is the property situate at and known as 71-75 Montana Parade
Croydon and the registered proprietors are Martin Gerald and Karyn Margaret
Haar.
On 11 September 2015 my colleague, Ms Ritchie forwarded
correspondence by pre-paid ordinary mail to Mr M G and Ms K M Haar care of
71-75 Montana Parade Croydon enclosing a copy of the Order with Schedule
attached to the Order. The property is the subject of two registered mortgages
to Australia and New Zealand Banking Group Ltd. On 11 September, my
colleague, Ms Ritchie forwarded correspondence by pre-paid ordinary mail to
the Proper Officer of Australia and New Zealand Banking Group Ltd of ANZ
Centre Melbourne Level 9, 833 Collins Street, Docklands providing the bank
with a copy of the Order with Schedule attached. Now produced and shown to
me and marked with the letters “ASF-13” is a true copy of the Register Search
Statement pertaining to Lot 9 on Plan of Subdivision LP16996, the copy letter
to Mr M G and Ms K M Haar dated 11 September 2015, the copy Order with
Schedule attached, the copy letter to Australia and New Zealand Banking
Group Ltd dated 11 September and the copy Order with Schedule attached.
21. The Register Search Statement for Lot 12 on Plan of Subdivision LP16996
shows that it is the property situate at and known as 62-66 Vasey Concourse
Croydon and the registered proprietor is Patricia Holley. On 11 September
2015 my colleague, Ms Ritchie forwarded correspondence by pre-paid
ordinary mail to Ms P Holley care of 62-66 Vasey Concourse Croydon
enclosing a copy of the Order with Schedule attached to the Order. The
property is the subject of two registered mortgages to Bendigo Bank Ltd. On
11 September, my colleague, Ms Ritchie forwarded correspondence by prepaid ordinary mail to the Proper Officer of Bendigo Bank Ltd of PO Box 480
Bendigo Victoria providing the bank with a copy of the Order with Schedule
attached. Now produced and shown to me and marked with the letters “ASF14” is a true copy of the Register Search Statement pertaining to Lot 12 on
Plan of Subdivision LP16996, the copy letter to Ms P Holley dated 11
September 2015, the copy Order with Schedule attached, the copy letter to
Bendigo Bank Ltd dated 11 September 2015 and the copy Order with
Schedule attached.
22. The Register Search Statement for Lot 13 on Plan of Subdivision LP16996
shows that it is now known as Lot 1 on Title Plan 215957U and is the property
situate at and known as 43-49 Vasey Concourse Croydon and the registered
proprietors are Frank Scagnetti and Andrea Louise Scagnetti. On 11
September 2015 my colleague, Ms Ritchie forwarded correspondence by prepaid ordinary mail to Mr F and Ms A L Scagnetti care of 43-49 Vasey
Concourse Croydon and 2 Meringer Court Nunawading enclosing a copy of
the Order with Schedule attached to the Order. The property is not the subject
of a registered Mortgage. Now produced and shown to me and marked with
the letters “ASF-15” is a true copy of the Register Search Statement
pertaining to Lot 1 on Title Plan 215957U, the copy letter to Mr F and Ms A L
Scagnetti dated 11 September 2015 and the copy Order with Schedule
attached.
23. The Register Search Statement for Lot 14 on Plan of Subdivision LP16996
shows that it is now known as Lots 1 and 2 on Plan of Subdivision 401106Y.
24. The Register Search Statement for Lot 1 on Plan of Subdivision 401106Y
shows that it is the property situate at and known as 55 Vasey Concourse
Croydon and the registered proprietors are Stephen Charles Freeman and
Jean Maria Freeman. On 11 September 2015 my colleague, Ms Ritchie
forwarded correspondence by pre-paid ordinary mail to Mr S C and Ms J M
Freeman care of 55 Vasey Concourse Croydon enclosing a copy of the Order
with Schedule attached to the Order. The property is the subject of a
registered mortgage to Bendigo and Adelaide Bank Ltd. On 11 September,
my colleague, Ms Ritchie forwarded correspondence by pre-paid ordinary mail
to the Proper Officer of Bendigo and Adelaide Bank Ltd of the Bendigo
Centre, Bendigo providing the bank with a copy of the Order with Schedule
attached. Now produced and shown to me and marked with the letters “ASF16” is a true copy of the Register Search Statement pertaining to Lot 1 on
Plan of Subdivision 401106Y, the copy letter to Mr S C and Ms J M Freeman
dated 11 September 2015, the copy Order with Schedule attached, the copy
letter to Bendigo and Adelaide Bank Ltd dated 11 September 2015 and the
copy Order with Schedule attached.
25. The Register Search Statement for Lot 2 on Plan of Subdivision 401106Y
shows that it is the property situate at and known as 51-53 Vasey Concourse
Croydon and the registered proprietors are Christopher Douglas Purcell and
Jacqueline Blythe Purcell. On 11 September 2015 my colleague, Ms Ritchie
forwarded correspondence by pre-paid ordinary mail to Mr C D and Ms J B
Purcell care of 51-53 Vasey Concourse Croydon enclosing a copy of the
Order with Schedule attached to the Order. The property is the subject of a
registered mortgage to Bendigo and Adelaide Bank Ltd. On 11 September,
my colleague, Ms Ritchie forwarded correspondence by pre-paid ordinary mail
to the Proper Officer of Bendigo and Adelaide Bank Ltd of Bendigo Centre,
Bendigo providing the bank with a copy of the Order with Schedule attached.
Now produced and shown to me and marked with the letters “ASF-17” is a
true copy of the Register Search Statement pertaining to Lot 2 on Plan of
Subdivision 401106Y, the copy letter to Mr C D and Ms J B Purcell dated 11
September 2015, the copy Order with Schedule attached, the copy letter to
Bendigo and Adelaide Bank Ltd dated 11 September 2015 and the copy
Order with Schedule attached.
26. The Register Search Statement for Lot 15 on Plan of Subdivision LP16996
shows that it is the property situate at and known as 1A Cecil Circuit Croydon
and the registered proprietor is Yu Xiao. On 11 September 2015 my
colleague, Ms Ritchie forwarded correspondence by pre-paid ordinary mail to
Mr Y Xiao care of 1A Cecil Circuit Croydon enclosing a copy of the Order with
Schedule attached to the Order. The property is the subject of a registered
mortgage to Westpac Banking Corporation. On 11 September, my colleague,
Ms Ritchie forwarded correspondence by pre-paid ordinary mail to the Proper
Officer of Westpac Banking Corporation of 275 Kent Street Sydney NSW
providing the bank with a copy of the Order with Schedule attached. Now
produced and shown to me and marked with the letters “ASF-18” is a true
copy of the Register Search Statement pertaining to Lot 15 on Plan of
Subdivision LP16996, the copy letter to Mr Y Xiao dated 11 September 2015,
the copy Order with Schedule attached, the copy letter to Officer of Westpac
Banking Corporation dated 11 September 2015 and the copy Order with
Schedule attached.
27. The Register Search Statement for Lot 16 on Plan of Subdivision LP16996
shows that it is now known as Lots 1 to 4 on Plan of Subdivision 204938P.
28. The Register Search Statement for Lot 1 on Plan of Subdivision 204938P
shows that it is the property situate at and known as 1 Cecil Circuit and the
registered proprietors are Terry Ross Walker and Anjela Kathryn Walker. On
11 September 2015 my colleague, Ms Ritchie forwarded correspondence by
pre-paid ordinary mail to Mr T R and Ms A K Walker care of 1 Cecil Circuit
Croydon enclosing a copy of the Order with Schedule attached to the Order.
The property is the subject of a registered mortgage to Westpac Banking
Corporation. On 11 September, my colleague, Ms Ritchie forwarded
correspondence by pre-paid ordinary mail to the Proper Officer of Westpac
Banking Corporation of 275 Kent Street Sydney, NSW providing the bank with
a copy of the Order with Schedule attached. Now produced and shown to me
and marked with the letters “ASF-19” is a true copy of the Register Search
Statement pertaining to Lot 1 on Plan of Subdivision 204938P, the copy letter
to Mr T R and Ms A K Walker dated 11 September 2015, the copy Order with
Schedule attached, the copy letter to Westpac Banking Corporation dated 11
September 2015 and the copy Order with Schedule attached.
29. The Register Search Statement for Lot 2 on Plan of Subdivision 204938P
shows that it is the property situate at and known as 3 Cecil Circuit Croydon
and the registered proprietors are Adrian Mark Sujevic and Leanne Catherine
Sujevic. On 11 September 2015 my colleague, Ms Ritchie forwarded
correspondence by pre-paid ordinary mail to Mr A M and Ms L C Sujevic care
of 3 Cecil Circuit Croydon enclosing a copy of the Order with Schedule
attached to the Order. The property is not the subject of a registered
Mortgage. Now produced and shown to me and marked with the letters “ASF20” is a true copy of the Register Search Statement pertaining to Lot 2 on
Plan of Subdivision 204938P, the copy letter to Mr A M and Ms L C Sujevic
dated 11 September 2015 and the copy Order with Schedule attached.
30. The Register Search Statement for Lot 3 on Plan of Subdivision 204938P
shows that it is the property situate at and known as 5 Cecil Circuit Croydon
and the registered proprietors are Rodney Doyle and Omer Balla. On 11
September 2015 my colleague, Ms Ritchie forwarded correspondence by prepaid ordinary mail to R Doyle and O Balla care of 5 Cecil Circuit Croydon
enclosing a copy of the Order with Schedule attached to the Order. The
property is not the subject of a registered Mortgage. Now produced and
shown to me and marked with the letters “ASF-21” is a true copy of the
Register Search Statement pertaining to Lot 3 on Plan of Subdivision
204938P, the copy letter to R Doyle and O Balla dated 11 September 2015
and the copy Order with Schedule attached.
31. The Register Search Statement for Lot 4 on Plan of Subdivision 204938P
shows that it is the property situate at and known as 7 Cecil Circuit Croydon
and the registered proprietors are Joseph Aromataris and Lorraine
Aromataris. On 11 September 2015 my colleague, Ms Ritchie forwarded
correspondence by pre-paid ordinary mail to Mr J and Ms L Aromataris care
of 7 Cecil Circuit Croydon and 4 Syson Close Deer Park enclosing a copy of
the Order with Schedule attached to the Order. The property is not the subject
of a registered Mortgage. Now produced and shown to me and marked with
the letters “ASF-22” is a true copy of the Register Search Statement
pertaining to Lot 4 on Plan of Subdivision 204938P, the copy letter to Mr J and
Ms L Aromataris dated 11 September 2015 and the copy Order with Schedule
attached.
32. The Register Search Statement for Lot 22 on Plan of Subdivision LP16996
shows that it is now known as Lots 1 to 5 on Plan of Subdivision 423994Q.
33. The Register Search Statement for Lot 1 on Plan of Subdivision 423994Q
shows that it is the property situate at and known as 60 Vasey Concourse
Croydon and the registered proprietors are Ian Edwin Gates and Bettina
Maree Gates. On 11 September 2015 my colleague, Ms Ritchie forwarded
correspondence by pre-paid ordinary mail to Mr I E and Ms B M Gates care of
60 Vasey Concourse Croydon enclosing a copy of the Order with Schedule
attached to the Order. The property is the subject of a registered mortgage to
St George Bank Ltd. On 11 September, my colleague, Ms Ritchie forwarded
correspondence by pre-paid ordinary mail to the Proper Officer of St George
Bank Ltd of St George Bank Ltd of 158-164 Swanston Street Melbourne
providing the bank with a copy of the Order with Schedule attached. Now
produced and shown to me and marked with the letters “ASF-23” is a true
copy of the Register Search Statement pertaining to Lot 2 on Plan of
Subdivision 423994Q, the copy letter to Mr I E and Ms B M Gates dated 11
September 2015, the copy Order with Schedule attached, the copy letter to St
George Bank Ltd dated 11 September 2015 and the copy Order with
Schedule attached.
34. The Register Search Statement for Lot 2 on Plan of Subdivision 423994Q
shows that it is the property situate at and known as 60A Vasey Concourse
Croydon and the registered proprietors are Josef Schneeweiss and Patricia
Anne Schneeweiss. On 11 September 2015 my colleague, Ms Ritchie
forwarded correspondence by pre-paid ordinary mail to Mr J and Ms P A
Schneeweiss care of 60A Vasey Concourse Croydon enclosing a copy of the
Order with Schedule attached to the Order. The property is the subject of a
registered mortgage to Police Association Credit Co-Operative Ltd. On 11
September, my colleague, Ms Ritchie forwarded correspondence by pre-paid
ordinary mail to the Proper Officer of Police Association Credit Co-Operative
Ltd of 121 Cardigan Street Carlton providing the bank with a copy of the Order
with Schedule attached. Now produced and shown to me and marked with the
letters “ASF-24” is a true copy of the Register Search Statement pertaining to
Lot 2 on Plan of Subdivision 423994Q, the copy letter to Mr J and Ms P A
Schneeweiss dated 11 September 2015, the copy Order with Schedule
attached, the copy letter to Police Association Credit Co-Operative Ltd dated
11 September 2015 and the copy Order with Schedule attached.
35. The Register Search Statement for Lot 3 on Plan of Subdivision 423994Q
shows that it is the property situate at and known as 41- 43 Cheong Street
Croydon and the registered proprietor is Tanya Elizabeth Atherton. On 11
September 2015 my colleague, Ms Ritchie forwarded correspondence by prepaid ordinary mail to Ms T E Atherton care of 41- 43 Cheong Street Croydon
and 22 Bristow Drive, Forest Hill enclosing a copy of the Order with Schedule
attached to the Order. The property is the subject of a registered mortgage to
Westpac Bank Corporation. On 11 September, my colleague, Ms Ritchie
forwarded correspondence by pre-paid ordinary mail to the Proper Officer of
Westpac Bank Corporation of 275 Kent Street Sydney NSW providing the
bank with a copy of the Order with Schedule attached. Now produced and
shown to me and marked with the letters “ASF-25” is a true copy of the
Register Search Statement pertaining to Lot 3 on Plan of Subdivision
423994Q, the copy letter to Ms T E Atherton dated 11 September 2015, the
copy Order with Schedule attached, the copy letter to Westpac Bank
Corporation dated 11 September 2015 and the copy Order with Schedule
attached.
36. The Register Search Statement for Lot 4 on Plan of Subdivision 423994Q
shows that it is the property situate at and known as 37-39 Cheong Street
Croydon and the registered proprietors are Weng Kong Cheong, Jing Wen
Cheong and Zu Xian Cheong. On 11 September 2015 my colleague, Ms
Ritchie forwarded correspondence by pre-paid ordinary mail to W K, J W and
Z X Cheong care of 37-39 Cheong Street Croydon and 5/12 Karingal Street
Croydon enclosing a copy of the Order with Schedule attached to the Order.
The property is not the subject of a registered Mortgage. Now produced and
shown to me and marked with the letters “ASF-26” is a true copy of the
Register Search Statement pertaining to Lot 4 on Plan of Subdivision
423994Q, the copy letter to W K, J W and Z X Cheong dated 11 September
2015 and the copy Order with Schedule attached.
37. The Register Search Statement for Lot 5 on Plan of Subdivision 423994Q
shows that it is the property situate at and known as 33-35 Cheong Street
Croydon and the registered proprietors are Nabil Tabikh and Nouha Tabikh.
On 11 September 2015 my colleague, Ms Ritchie forwarded correspondence
by pre-paid ordinary mail to Mr N and Ms N Tabikh care of 33-35 Cheong
Street Croydon enclosing a copy of the Order with Schedule attached to the
Order. The property is the subject of a registered mortgage to National
Australia Bank Ltd. On 11 September, my colleague, Ms Ritchie forwarded
correspondence by pre-paid ordinary mail to the Proper Officer of National
Australia Bank Ltd of 800 Bourke Street, Docklands Melbourne providing the
bank with a copy of the Order with Schedule attached. Now produced and
shown to me and marked with the letters “ASF-27” is a true copy of the
Register Search Statement pertaining to Lot 5 on Plan of
Subdivision423994Q, the copy letter to Mr N and Ms N Tabikh dated 11
September 2015, the copy Order with Schedule attached, the copy letter to
National Australia Bank Ltd dated 11 September 2015 and the copy Order
with Schedule attached.
Enquiries
38. On 15 September 2015, our office received a facsimile from ANZ. The ANZ is
the registered mortgagee of the properties at 4 Cecil Court and 71-75
Montana Parade. Now produced and shown to me and marked with the
letters “ASF-28” is a true copy of that facsimile. Upon receipt of that facsimile,
I telephone the ‘Enquiries Line’ on the number provided on the facsimile. I
explained that the facsimile appeared to misunderstand our correspondence.
The ANZ telephone representative stated that the facsimile was likely to have
been automatically generated. He stated that I could ignore the facsimile and
that there I would not be charged any fee for any unsought production of the
Certificate of Title.
39. On 17 September 2015, I received a telephone call from Stephen Dwyer of
Pepper Group Limited (“Pepper”). Pepper is the registered mortgagee of the
property at 48 Montana Parade. Mr Dwyer asked some general questions
about the Croydon area particularly about house sales, house prices and
development of the suburb generally. Mr Dwyer stated that Pepper had no
objection to the application to remove the covenant and wished me well.
40. On 23 September 2015, our office received a telephone call from Mr Paul
Pritchard. Mr Pritchard is one of the two registered proprietors of the property
6 Cecil Circuit, Croydon. The other registered proprietor is Ms Irene
Pritchard. I was not in the office at the time but my assistant, Ms Demase
took a message, which was recorded at 3:10 pm on 30 September 2015. Ms
Demase explained to me that Mr Pritchard was calling to enquire whether any
new driveway in the proposed plan of subdivision would exit onto the dirt road
of Montana Parade. The answer to that question is no. 68-74 Vasey
Concourse, Croydon is on Vasey Concourse, which is a sealed road. The
land does not connect to Montana Parade. I telephoned Mr Pritchard within
the hour but was directed to his voice mail. I left a message acknowledging
his call, explaining my position and asking him to telephone me about his
enquiry or any other questions that he may have. At the time of swearing this
affidavit, I have not received nor do I know of any further contact from Mr
Pritchard.
41. On 25 September 2015 our office received a telephone call from Mr Kiernan
Humphrey of 23 Yvone Avenue, Ringwood East. I was not in the office at the
time but my assistant, Ms Demase took the telephone call and recorded a
message which was recorded at 4:49 pm on 30 September 2015. Ms Demase
explained to me that it was not entirely clear what Mr Humphrey was
enquiring about. Mr Humphrey explained that he had seen the sign erected at
the front of 68-74 Vasey Concourse. He said that he would like some further
information about the sign. Ms Demase asked him to leave his number so
that Ms Ritchie or I could telephone him about the matter and provide him with
the information sought. Mr Humphrey said he would not leave a number and
hung up. A Google search states that 23 Yvone Avenue is 2.8 kilometres
from 68-74 Vasey Concourse. 23 Yvone Avenue is not a beneficiary of the
covenant and is well outside the original parent title identified in paragraph 4.2
of Ms Easton’s planning report filed in this proceeding. At the time of swearing
this affidavit, I have not received nor do I know of any further contact from Mr
Humphrey.
42. On 30 September 2015 our office received a telephone call from Mr Stuart
Dodds. Mr Dodds is one of two registered proprietors of the property at 56
Montana Parade. The other registered proprietor is Ms Anita Michelle Dodds.
I was not in the office at the time but my assistant, Nicole Demase took a
message, which was recorded at 9:24 am on 30 September 2015. I returned
Mr Dodd’s telephone call within the hour. Mr Dodds explained that he had
received SMR Legal’s letter and the enclosures. Mr Dodds explained that he
had discussed the letter with some of his neighbours who he stated had also
received SMR Legal’s letter and enclosures. Mr Dodds did not say who those
neighbours were. Mr Dodds stated that he would like to obtain more
information about the matter to discuss with his neighbours. I explained that
my wife, Ms Farrell and I had commissioned Mr Easton to prepare a detailed
planning report, which had been filed in this proceeding. I summarised the
issues addressed in Mr Easton’s report and asked if that sounded like the
information he was after. Mr Dodds said that was the information he wanted
and he went on further to express an interest in the history of the covenant
and our ideas about the ultimate subdivision of the property. I stated that if
having considered the planning report, he had any further enquiries or
concerns that he was welcome to contact me at the office or on my mobile
telephone number. I explained to Mr Dodds, that the planning report
contained colour photographs and asked him whether he would like to receive
it by email. Mr Dodds said that he would prefer correspondence by email. Mr
Dodds then provided me with his email address.
43. At 11:37 am on 1 October 2015, Ms Demase wrote to Mr Dodds and provided
him with the planning report email. The planning report had to be sent across
two emails due to the size of the attachment. Now produced and shown to
me and marked with the letters “ASF-29” are true copies of that letter and the
emails (attachments excluded).
44. At 12:47 pm on 1 October 2015, Mr Dodds responded to Ms Demase stating,
‘I received both emails and attachments.’ Now produced and shown to me
and marked with the letters “ASF-30” is a true copy of that email. At the time
of swearing this affidavit, I have not received nor do I know of any further
contact from Mr Dodds.
45. On 1 October 2015 our office received a telephone call from a woman who
said her name was ‘Angela’. Ms Demase took the call. Ms Demase told me
that Angela stated that she had seen the A3 notice and asked if there had
been any objectors. Ms Demase explained that there had been no objections.
Ms Demase asked Angela if she would like to leave her details or if she
wanted any information about the notice. Angela said she would not leave
her details. She said that she would discuss the notice with her husband and
call if anything further was required. At the time of swearing this affidavit, I
have not received nor do I know of any further contact from ‘Angela’.
46. On 12 October 2015 the probate clerk, Ryan Pacquola at SMR Legal received
a telephone call from Ruth at the Bendigo Bank. Bendigo Bank is the
registered mortgagee of the properties at 2 Heyington Close, 62-66 Vasey
Concourse and 55 Vasey Concourse. Mr Pacquola sent me a message at
1:24 pm requesting that I give Ruth a call. I telephoned Ruth within the hour.
Ruth stated that she had received the correspondence and asked if there was
anything she needed to do in response. I asked her whether Bendigo Bank
intended on objecting or had any enquiry about the correspondence. Ruth
said Bendigo Bank had no interest in objecting. Ruth asked why we had
corresponded with Bendigo Bank about a matter she considered to be
irrelevant. I explained that as mortgagee, Bendigo Bank had an interest and
that the Orders required Bendigo Bank notification in writing. Ruth said there
would be no objection and said she would simply put my letter on her file
stating that there was nothing further to be done.
47. At the date of swearing this affidavit I have not received either through my
office or personally any enquiry be it oral or in writing further to those
enquiries referred to above.
48. At the date of swearing this affidavit I have not received either through my
office or personally any objection be it oral or in writing from any of the
proprietors or mortgagees to whom a copy of the Order and Schedules were
provided in accordance with the preceding paragraphs nor from any other
person or entity responding to the notice affixed to the property at 68-74
Vasey Concourse, Croydon.
SWORN by ALEXANDER SHEED-FINCK
)
At Melbourne in the State of Victoria
)
This 19th day of October 2015
)…………………………….
Before me:……………………………………………
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-1” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-1”
Copy of the Orders
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-2” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-2”
Copy of the Photographs
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-3” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-3”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-4” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-4”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-5” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-5”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-6” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-6”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-7” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-7”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-8” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-8”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-9” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-9”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-10” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-10”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-11” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-11”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-12” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-12”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-13” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-13”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-14” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-14”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-15” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-15”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-16” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-16”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-17” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-17”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-18” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-18”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-19” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-19”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-20” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-20”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-21” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-21”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-22” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-22”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-23” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-23”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-24” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-24”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-25” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-25”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-26” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-26”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-27” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-27”
Copy of Register Search Statement etc.
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-28” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-28”
Copy of facsimile
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-29” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-29”
Copy of Letter and Email
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
No. S Cl 2015 0448
IN THE MATTER of the Property Law Act 1958 (Vic), section 84(1)
and
IN THE MATTER of an application by Rebekah Farrell and Alexander Joel SheedFinck for the discharge and/or modification of the restrictive covenant contained in
Instrument of Transfer No. 2071058 registered in the Land Titles Office in the
Register Book and imposed upon the land more particularly described in Certificate
of Title Volume 07210 Folio 950
IN THE MATTER of an application by:
Rebekah Farrell and Alexander Joel Sheed-Finck
Plaintiffs
CERTIFICATE OF IDENTIFYING EXHIBIT
Date of document: 19 October 2015
Filed on behalf of: The Plaintiffs
SMR Legal
Solicitors
65 Nixon Street
SHEPPARTON VIC 3630
Ref: Alex Sheed-Finck:141037
DX 63008 SHEPPARTON
Tel: (03) 5821 0777
Email: asheedfinck@smrlegal.com.au
Solicitor’s Code: 104503
This is the Exhibit marked “ASF-30” now produced and shown to Alexander SheedFinck at the time of swearing his affidavit on 19 October 2015.
Before me:
……………………………….
EXHIBIT “ASF-30”
Copy of Email