Mangano v Bullen [2019] NSWSC 1704

Mangano v Bullen [2019] NSWSC 1704

There was no evidence that either Mr Mangano or Ms Bullen participated in any fraud upon the NCSC in executing the Camfield Transfer; accordingly, the fraud exception to indefeasibility in Real Property Act 1900 s 42 was not enlivened, and the defendants gained indefeasible title by registration of the transfer.

Parties
Plaintiff: Silvana Mangano; First Defendant: Rosemary Ann Bullen; Second Defendant: Australian Securities and Investment Commission
Jurisdiction
Australia
Judgment Date
03 December 2019
Procedural Posture
Summons / Final Judgment After Hearing
Outcome
Summons dismissed. Plaintiff ordered to pay the first defendant's costs, subject to any application for a special costs order.
Legal Topics
Indefeasibility of Title, Fraud Exception, Company Property, Adverse Possession, Succession
Real Property Equity Indefeasibility of Title Fraud Exception Company Property Adverse Possession Succession

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Parties

Silvana Mangano

Plaintiff

Rosemary Ann Bullen

First Defendant

Australian Securities and Investment Commission

Second Defendant

Procedural Posture

Summons / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the defendant was knowingly involved in any fraud associated with the transfer of the property from Camfield Pty Ltd after its deregistration.
  2. 2 Whether the transfer and later creation of the joint tenancy are defeasible at the suit of the plaintiff by reason of fraud under Real Property Act 1900, s 42.

Ratio Decidendi

There was no evidence that either Mr Mangano or Ms Bullen participated in any fraud upon the NCSC in executing the Camfield Transfer; accordingly, the fraud exception to indefeasibility in Real Property Act 1900 s 42 was not enlivened, and the defendants gained indefeasible title by registration of the transfer.

Court Disposition

Summons dismissed. Plaintiff ordered to pay the first defendant's costs, subject to any application for a special costs order.

Orders

  • The Amended Statement of Claim is dismissed as against the first and second defendants.
  • Subject to Order 3, order the plaintiff to pay the first defendant's costs of these proceedings on the ordinary basis, as agreed or assessed.