Hutson v Roufeil [2020] NSWSC 864

Supreme Court New South Wales

Medium Neutral Citation: Hutson v Roufeil [2020] NSWSC 864 Hearing dates: 17 December 2019 Decision date: 03 July 2020 Jurisdiction: Common Law Before: Ierace J Decision: (1) Judgment for the plaintiffs for possession of the land identified by the hatching on Annexure "A" of the Schedule. (2) The second defendant to pay the costs of the plaintiffs. Catchwords: REAL PROPERTY – possession of land –indefeasibility of title – personal equities – where the plaintiffs are receivers and managers appointed by a lender who has legal title over the property – where the second defendant alleges an in personam exception to indefeasibility – where second defendant alleges a life estate was granted and estoppel by convention applies – no evidence of the requisite assumptions being adopted by all parties – no exception to indefeasibility found – possession granted to the plaintiffs Legislation Cited: Real Property Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Charub Pty Ltd v Triandafyllou [2019] NSWSC 487 Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87; [1983] HCA 25 Moratic Pty Ltd v Lawrence James Gordon & anor (2007) 13 BPR 24713; [2007] NSWSC 5 O'Brien v Bank of Western Australia Ltd (2013) 16 BPR 31705; [2013] NSWCA 71 Smilevska v Smilevska (No 2) [2016] NSWSC 397 Category: Principal judgment Parties: Robert William Hutson as receiver and manager of certain property of Mark Noel Fraser (First Plaintiff) Jennifer Anne Nettleton as receiver and manager of certain property of Mark Noel Fraser (Second Plaintiff) Mark Damian Charles Roufeil in his capacity as trustee of the Estate of Mark Noel Fraser (a bankrupt) (First Defendant) Noel George Fraser (Second Defendant) Representation: Counsel: J Burnett (First and Second Plaintiffs) J Dooley (Second Defendant)