Cini v First Mortgage Capital Pty Ltd [2023] NSWCA 53

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Cini v First Mortgage Capital Pty Ltd [2023] NSWCA 53 Hearing dates: 10 March 2023 Date of orders: 27 March 2023 Decision date: 27 March 2023 Before: Gleeson JA at [1] Kirk JA at [2] Basten AJA at [67] Decision: (1) The appellant's motions dated 26 October 2022 and 28 February 2023 are dismissed. (2) The appeal is dismissed. (3) The appellant is to pay the respondent's costs of the appeal, including on the appellant's motions, on an indemnity basis. Catchwords: LAND LAW — Co-ownership — Statutory trust for sale — Whether primary judge erred in ordering statutory trust for sale — Baseless contentions that court has no jurisdiction over the appellant or that the law does not apply to him — Baseless allegations of forgery and fraud — No issue of principle Legislation Cited: Conveyancing Act 1919 (NSW), ss 66F, 66G Supreme Court Act 1970 (NSW), ss 22, 23, 75A Cases Cited: Foundas v Arambatzis [2020] NSWCA 47 Searle v Commonwealth of Australia (2019) 100 NSWLR 55; [2019] NSWCA 127 Category: Principal judgment Parties: John William Cini (Appellant)

First Mortgage Capital Pty Ltd (Respondent) Representation: Advocates:

John William Cini (Appellant in person)

A Djurdjevic (Respondent)

Solicitors:

Summer Lawyers (Respondent) File Number(s): 2022/00226932 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Citation: None Date of Decision: 4 July 2022 Before: Darke J File Number(s): 2021/00286634