Reganam Pty Ltd v Crossing [2009] NSWSC 1401

The Court found neither Mr nor Mrs Crossing had the actual intent to defraud creditors required by s 37A of the Conveyancing Act 1919 in relation to the mortgage or transfer of moneys. The payments made by Mrs Crossing did not establish a resulting trust in her favour for the residential property. Consequently, the plaintiff's claims to set aside the transactions failed.

Parties: Plaintiff: Reganam Pty Ltd; First Defendant: Phillip Barclay Murray Crossing; Second Defendant: Joanne Marion Crossing; Third Defendant: Torcullin Pty Ltd
Jurisdiction: Australia
Judgment Date: 15 December 2009
Procedural Posture: Application to Set Aside Transactions / Final Judgment
Outcome: Summons dismissed
Legal Topics: Conveyancing Act S 37 a, Intent to Defraud Creditors, Resulting Trust, Alienation of Property, Mortgage Transactions

Equity Property Law Conveyancing Act S 37 a Intent to Defraud Creditors Resulting Trust Alienation of Property Mortgage Transactions

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 21

Parties

Reganam Pty Ltd

Plaintiff

Phillip Barclay Murray Crossing

First Defendant

Joanne Marion Crossing

Second Defendant

Torcullin Pty Ltd

Third Defendant

Procedural Posture

Application to Set Aside Transactions / Final Judgment

Legal Issues

1 Whether the equitable mortgage and transfer of moneys were made with intent to defraud creditors under s 37A of the Conveyancing Act 1919
2 Whether Mrs Crossing's claim to a resulting trust in the residential property was established by payments made

Ratio Decidendi

Court Disposition

Summons dismissed