Finnie v Day [2021] NSWSC 276

Supreme Court New South Wales

Medium Neutral Citation: Finnie v Day [2021] NSWSC 276 Hearing dates: 23 March 2021 Date of orders: 23 March 2021 Decision date: 24 March 2021 Jurisdiction: Common Law Before: Payne JA Decision: See [21] and [30]. Catchwords: LAND LAW – Torrens title – the register – correction of the register – where land transferred and caveat lodged pursuant to a fraudulent scheme – declaration of constructive trust – orders to remove caveat and restore title – Real Property Act 1900 (NSW), ss 74MA, 138 CIVIL PROCEDURE – settlement of dispute – satisfaction of Court to make proposed consent orders disposing of proceedings Legislation Cited: Real Property Act 1900 (NSW), s 74MA(3) Category: Principal judgment Parties: Scott Warner Finnie (Plaintiff; Third Cross-Defendant on First Cross-Claim) Darren Keith Day (Defendant; Cross-Claimant on First Cross-Claim; Second Cross-Defendant on Second Cross-Claim) Sydney Thomas Finnie (Second Cross-Defendant on First Cross-Claim; Third Cross-Defendant on Second Cross-Claim) Spencer Lawyers (Fourth Cross-Defendant on First Cross-Claim) Westpac Banking Corporation (Fifth Cross-Defendant on First Cross-Claim; Cross-Claimant on Second Cross-Claim) Paul William Kay (First Cross-Defendant on First Cross-Claim; First Cross-Defendant on Second Cross-Claim) Registrar General of NSW (Sixth Cross-Defendant on First Cross-Claim) Pepper Finance Corporation Ltd (Fourth Cross-Defendant on Second Cross-Claim) Representation: Counsel: J Kelly SC (Darren Keith Day) D Hand (Spencer Lawyers) S Docker (Westpac Banking Corporation) Submitting Appearance (Paul William Kay) Submitting Appearance (Registrar General of NSW) Submitting Appearance (Pepper Finance Corporation Ltd)