McVeigh v Whitelaw [2005] NSWSC 1112

McVeigh v Whitelaw [2005] NSWSC 1112

Given unsuccessful attempts to obtain the certificate of title and the likelihood it will not be produced for registration, the court is satisfied grounds exist under s 138(2) and (3) Real Property Act 1900 (NSW) for an order cancelling the certificate and issuing a new one with the plaintiff and second defendant as tenants in common in equal shares.

Parties
Plaintiff: Dean Royston McVeigh; First Defendant: Zyna Marie Whitelaw; Second Defendant: Wayne Anthony Lewis
Jurisdiction
Australia
Judgment Date
01 September 2005
Procedural Posture
Application / Final Judgment
Outcome
Application granted
Legal Topics
Certificate of Title, Trustee in Bankruptcy, Cancellation and Reissue of Certificate of Title
Real Property Bankruptcy Certificate of Title Trustee in Bankruptcy Cancellation and Reissue of Certificate of Title

Case Brief

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Parties

Dean Royston McVeigh

Plaintiff

Zyna Marie Whitelaw

First Defendant

Wayne Anthony Lewis

Second Defendant

Procedural Posture

Application / Final Judgment

Legal Issues

  1. 1 Whether the court should order the cancellation of the certificate of title and the issuance of a replacement recording trustees as registered proprietors

Ratio Decidendi

Given unsuccessful attempts to obtain the certificate of title and the likelihood it will not be produced for registration, the court is satisfied grounds exist under s 138(2) and (3) Real Property Act 1900 (NSW) for an order cancelling the certificate and issuing a new one with the plaintiff and second defendant as tenants in common in equal shares.

Court Disposition

Application granted

Orders

  • The Registrar General is to cancel certificate of title volume 14662 folio 161 and issue a new certificate of title with folio identifier 137/75547 recording Dean Royston McVeigh and Wayne Anthony Lewis as registered proprietors as tenants in common in equal shares.
  • Costs of the proceedings to be costs in the administration of the bankrupt estate of the first defendant.