Perpetual Trustees Victoria Limited v Babasa [2021] NSWSC 1062

Perpetual Trustees Victoria Limited v Babasa [2021] NSWSC 1062

Based on uncontested affidavit evidence and the existence of a valid Family Law Deed and executed Transfer, together with arrangements to pay out the mortgage, the second defendant is entitled to be declared both the equitable and legal owner of the property, with appropriate facilitative orders for payout and registration.

Parties
Plaintiff: Perpetual Trustees Victoria Limited; First Defendant: Sheila Hinch Babasa; Second Defendant: Ian Raymond Clissold
Jurisdiction
Australia
Judgment Date
24 August 2021
Procedural Posture
Possession of Land / Declaratory Relief / Final Orders at Hearing on Amended Notice of Motion
Outcome
Declarations made in favour of second defendant; facilitative and ancillary orders for payout and registration granted.
Legal Topics
Possession of Land, Mortgage Default, Transfer of Property Interest, Family Law Deed, Registration of Ownership
Real Property Family Law Possession of Land Mortgage Default Transfer of Property Interest Family Law Deed Registration of Ownership

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Parties

Perpetual Trustees Victoria Limited

Plaintiff

Sheila Hinch Babasa

First Defendant

Ian Raymond Clissold

Second Defendant

Procedural Posture

Possession of Land / Declaratory Relief / Final Orders at Hearing on Amended Notice of Motion

Legal Issues

  1. 1 Whether second defendant is entitled to be registered proprietor of the property pursuant to Family Law Deed and executed Transfer
  2. 2 Whether orders should be made to allow second defendant to pay out the mortgage and be registered as legal owner

Ratio Decidendi

Based on uncontested affidavit evidence and the existence of a valid Family Law Deed and executed Transfer, together with arrangements to pay out the mortgage, the second defendant is entitled to be declared both the equitable and legal owner of the property, with appropriate facilitative orders for payout and registration.

Court Disposition

Declarations made in favour of second defendant; facilitative and ancillary orders for payout and registration granted.

Orders

  • Declaration that the Second Defendant, Ian Raymond Clissold, is the equitable owner of the property at Hebersham NSW 2770.
  • Declaration that the Second Defendant is entitled to be the legal owner of the property.