The Owners Strata Plan 97121 v RCBS Devco Pty Ltd [2020] NSWSC 1247

Supreme Court New South Wales

Medium Neutral Citation: The Owners Strata Plan 97121 v RCBS Devco Pty Ltd [2020] NSWSC 1247 Hearing dates: 2 & 3 September 2020 Decision date: 14 September 2020 Jurisdiction: Equity - Technology and Construction List Before: Hammerschlag J Decision: See paragraph 87 Catchwords: REAL PROPERTY – Conveyancing Act 1919 (NSW) s 37A – where real property was sold by the second defendant to the third defendant at an undervalue and proceeds distributed immediately – where transactions were completed soon after the second defendant became aware that the plaintiff was contemplating litigation against it for alleged building defects – whether alienations were made with intent to defraud creditors – HELD – the alienations were made with intent to defraud the plaintiff as a creditor. Legislation Cited: Conveyancing Act 1919 (NSW) Corporations Act 2001 (Cth) Home Building Act 1989 (NSW) Category: Principal judgment Parties: The Owners Strata Plan 97121 - Plaintiff RCBS Devco Pty Ltd - First Defendant RCBS Land Co. Pty Ltd - Second Defendant Altitude G3 Pty Ltd - Third Defendant R&V Cassab Pty Ltd - Fourth Defendant RC Family Holdings Pty Ltd - Fifth Defendant MJEC Investments Pty Ltd - Sixth Defendant Suttor Innovation Pty Limited - Seventh Defendant ESS Asset Pty Ltd - Eighth Defendant Representation: Counsel: G Sirtes SC with D Hand - Plaintiff M R Pesman SC - First to Eighth Defendants