Patel v Lal [2011] NSWSC 678

Patel v Lal [2011] NSWSC 678

Because the earlier judgment upheld the plaintiff's claim that the transfer of the property from the second defendant to the first defendant was voidable under s 37A of the Conveyancing Act 1919, and the relevant parties consented to orders giving effect to that judgment, the Court declared the transfer voidable, recognised the Commonwealth Bank of Australia's registered mortgage priority, imposed a trust for the second defendant, and made consequential orders concerning surplus proceeds, costs and leave nunc pro tunc.

Jurisdiction
Australia
Judgment Date
29 June 2011
Procedural Posture
Equity Division Proceedings; Consequential Orders / Orders to Give Effect to Reasons for Judgment
Outcome
Consequential orders made, including consent declarations and orders giving effect to the earlier reasons for judgment.
Legal Topics
['voidable Transfer' 'intent to Defraud Creditors' 'conveyancing Act 1919 S 37 A' 'registered Mortgage' 'trust Over Property' 'surplus Proceeds of Sale' 'costs' 'leave Nunc Pro Tunc']
['equity' 'property Law' 'corporations Law'] ['voidable Transfer' 'intent to Defraud Creditors' 'conveyancing Act 1919 S 37 A' 'registered Mortgage' 'trust Over Property' 'surplus Proceeds of Sale' 'costs' 'leave Nunc Pro Tunc']

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Procedural Posture

Equity Division Proceedings; Consequential Orders / Orders to Give Effect to Reasons for Judgment

Legal Issues

  1. 1 ['What orders should be made to give effect to the reasons for judgment delivered on 22 June 2011.' "How the property and any surplus sale proceeds should be treated after recognition of the Commonwealth Bank of Australia's registered mortgage." 'Whether costs and leave nunc pro tunc should be ordered.']

Ratio Decidendi

Because the earlier judgment upheld the plaintiff's claim that the transfer of the property from the second defendant to the first defendant was voidable under s 37A of the Conveyancing Act 1919, and the relevant parties consented to orders giving effect to that judgment, the Court declared the transfer voidable, recognised the Commonwealth Bank of Australia's registered mortgage priority, imposed a trust for the second defendant, and made consequential orders concerning surplus proceeds, costs and leave nunc pro tunc.

Court Disposition

Consequential orders made, including consent declarations and orders giving effect to the earlier reasons for judgment.

Orders

  • ["Declares that the transfer of the property referred to in folio identifier B/412067 and known as 49 O'Neill Street, Brighton Le Sands from the second defendant to the first defendant is voidable under s 37A of the Conveyancing Act 1919 at the instance of the plaintiff as a person thereby prejudiced." 'Declares...