Nguyen v Corbett (No 2) [2018] NSWSC 441

Nguyen v Corbett (No 2) [2018] NSWSC 441

Transfers of the Baulkham Hills property from Mr Corbett to Mrs Corbett were voidable under the Conveyancing Act s 37A due to intent to defeat creditors; orders were made requiring the property to be made available to satisfy creditor claims, consent property settlement orders set aside, with directions for consequential relief, including sale of property and appointment of receiver as needed.

Jurisdiction
Australia
Judgment Date
12 April 2018
Procedural Posture
Equity Proceedings / Judgment and Orders After Contested Submissions
Outcome
Declarations and directions issued; transfers void under Conveyancing Act s 37A; property to be made available for creditor satisfaction; Family Court consent orders set aside; directions for further consequential relief; leave for stay applications granted.
Legal Topics
['alienation of Property' 'voidable Transactions' 'consequential Orders' 'property Settlement' 'appointment of Receiver' 'interest on Costs']
['land Law' 'family Law' 'equity'] ['alienation of Property' 'voidable Transactions' 'consequential Orders' 'property Settlement' 'appointment of Receiver' 'interest on Costs']

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Procedural Posture

Equity Proceedings / Judgment and Orders After Contested Submissions

Legal Issues

  1. 1 ['Whether transfers by second defendant to first defendant are void under Conveyancing Act s 37A' 'Appropriate relief and form of order under s 37A for voided transfers' 'Setting aside Family Court consent orders under Family Law Act s 79A' 'Process for further property settlement claim' 'Interest payable on costs']

Ratio Decidendi

Transfers of the Baulkham Hills property from Mr Corbett to Mrs Corbett were voidable under the Conveyancing Act s 37A due to intent to defeat creditors; orders were made requiring the property to be made available to satisfy creditor claims, consent property settlement orders set aside, with directions for consequential relief, including sale of property and appointment of receiver as needed.

Court Disposition

Declarations and directions issued; transfers void under Conveyancing Act s 37A; property to be made available for creditor satisfaction; Family Court consent orders set aside; directions for further consequential relief; leave for stay applications granted.

Orders

  • ['Declare transfers of Baulkham Hills property to first defendant void under Conveyancing Act s 37A.' 'Order first defendant to perform all acts and concur in all things necessary to make Baulkham Hills property available for satisfying debts of second defendant to plaintiff and any other creditors.' 'Plaintiff to...