NSW Trustee and Guardian v Obeid [2021] NSWSC 4

Supreme Court New South Wales

Medium Neutral Citation: NSW Trustee and Guardian v Obeid [2021] NSWSC 4 Hearing dates: 17 December 2020 Date of orders: 11 January 2021 Decision date: 11 January 2021 Jurisdiction: Common Law Before: Harrison J Decision: Khaled Elskaf's application to restrain the NSW Trustee & Guardian from dealing with and/or disposing of the land known as ** North Liverpool Road, Heckenberg pending conclusion of the proceedings is dismissed with costs. Catchwords: INTERLOCUTORY INJUNCTION – application to restrain dealing with real property – whether registered proprietor subject to equitable claim of which it had no notice – whether indefeasible title of registered proprietor vulnerable as a volunteer – whether serious question to be tried Legislation Cited: Criminal Assets Recovery Act 1990 (NSW) Real Property Act 1900 (NSW) Cases Cited: Arambasic v Veza (No 4) [2014] NSWSC 1109 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89; [2007] HCA 22 Fistar v Riverwood Legion and Community Club Ltd [2016] NSWCA 81 Guirguis v Girgis [2020] NSWSC 1468 New South Wales Crime Commission v Ali Elskaf [2017] NSWSC 681 Sze Tu v Lowe [2014] NSWCA 462 Texts Cited: Butt's Land Law, 7th Ed, Lawbook Co., 2017 Category: Principal judgment Parties: NSW Trustee & Guardian (Plaintiff) N Obeid (First Defendant) K Elskaf (Second Defendant) Representation: Counsel: T Hale SC (Plaintiff) L Robison (Second Defendant)