Bendall v Tyack [2010] NSWSC 431

Bendall v Tyack [2010] NSWSC 431

The Plaintiff's version of the agreement regarding Warren Downs is preferred; the transfer was an outright sale rather than a security arrangement. There is no evidence supporting the Defendant's claim for additional loans or repayments. Orders under s 66G should be made once trustees are identified and their consents filed.

Parties
Plaintiff/cross Defendant: Wayne Charles Bendall; Defendant/cross Claimant: Beverley Fay Tyack
Jurisdiction
Australia
Judgment Date
14 May 2010
Procedural Posture
Application for Appointment of Trustees and Sale of Property / Post Hearing, Awaiting Formal Orders
Outcome
Matter stood over until 13 July 2010 for making formal orders under s 66G of the Conveyancing Act 1919 (NSW). Liberty to apply on 3 days' notice.
Legal Topics
Equitable Interest, Transfer of Interest, Appointment of Trustees, Orders Under S 66 G
Real Property Equity Equitable Interest Transfer of Interest Appointment of Trustees Orders Under S 66 G

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Parties

Wayne Charles Bendall

Plaintiff/cross Defendant

Beverley Fay Tyack

Defendant/cross Claimant

Procedural Posture

Application for Appointment of Trustees and Sale of Property / Post Hearing, Awaiting Formal Orders

Legal Issues

  1. 1 Whether the transfer of a half interest in Warren Downs was intended as security for a loan or an outright sale
  2. 2 Whether the Defendant's acquisition of a half interest in Dubbo Property and Plaintiff's acquisition of Warren Downs are parallel transactions
  3. 3 Whether orders should be made under s 66G of the Conveyancing Act 1919 (NSW)

Ratio Decidendi

The Plaintiff's version of the agreement regarding Warren Downs is preferred; the transfer was an outright sale rather than a security arrangement. There is no evidence supporting the Defendant's claim for additional loans or repayments. Orders under s 66G should be made once trustees are identified and their consents filed.

Court Disposition

Matter stood over until 13 July 2010 for making formal orders under s 66G of the Conveyancing Act 1919 (NSW). Liberty to apply on 3 days' notice.

Orders

  • Matter stood over until 13 July 2010 for the making of formal orders under s 66G of the Conveyancing Act 1919 (NSW).
  • Liberty to apply on 3 days' notice.