Matouk v Matouk (No. 2) [2015] NSWSC 748

Matouk v Matouk (No. 2) [2015] NSWSC 748

The Court found that the transfer of the property from Nadia Matouk to Samia Matouk was effected by undue influence and unconscionable conduct, as Nadia was elderly, in poor health, illiterate, and relied heavily on Samia, who took advantage of this position. The transfer was set aside. The caveats lodged by Pierre Matouk, based on an unenforceable, unstamped trust deed and offset by withdrawals made by Pierre, did not establish a seriously arguable caveatable interest and were ordered to be withdrawn.

Jurisdiction
Australia
Judgment Date
29 May 2015
Procedural Posture
Equity Application to Set Aside Transfer of Title to Real Property and Withdraw Caveats / Final Orders After Hearing, Undefended
Outcome
Transfer of property set aside; caveats to be withdrawn; plaintiff entitled to unencumbered title; costs awarded to plaintiff.
Legal Topics
['setting Aside Property Transfers' 'undue Influence' 'unconscionable Conduct' 'withdrawal of Caveats']
['equity' 'real Property'] ['setting Aside Property Transfers' 'undue Influence' 'unconscionable Conduct' 'withdrawal of Caveats']

Case Brief

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Procedural Posture

Equity Application to Set Aside Transfer of Title to Real Property and Withdraw Caveats / Final Orders After Hearing, Undefended

Legal Issues

  1. 1 ['Whether the transfer of property from Nadia Matouk to Samia Matouk should be set aside for undue influence and/or unconscionable conduct' 'Whether caveats lodged by Pierre Matouk should be withdrawn']

Ratio Decidendi

The Court found that the transfer of the property from Nadia Matouk to Samia Matouk was effected by undue influence and unconscionable conduct, as Nadia was elderly, in poor health, illiterate, and relied heavily on Samia, who took advantage of this position. The transfer was set aside. The caveats lodged by Pierre Matouk, based on an unenforceable, unstamped trust deed and offset by withdrawals made by Pierre, did not establish a seriously arguable caveatable interest and were ordered to be withdrawn.

Court Disposition

Transfer of property set aside; caveats to be withdrawn; plaintiff entitled to unencumbered title; costs awarded to plaintiff.

Orders

  • ["First Defendant (Samia Matouk) to deliver up the Certificate of Title to Plaintiff's legal representative within 28 days." 'First Defendant to do all acts necessary to transfer title to the Property to Plaintiff, including execution of registrable Transfer, within 28 days.' 'Registrar in Equity is authorised, in...