Rofe Way Pty Ltd v Ronald in her capacity as administrator of the estate of the late Anthony Charles Ronald [2023] NSWSC 1086

Supreme Court New South Wales

Medium Neutral Citation: Rofe Way Pty Ltd v Ronald in her capacity as administrator of the estate of the late Anthony Charles Ronald [2023] NSWSC 1086 Hearing dates: 16 and 17 August 2023 Date of orders: 08 September 2023 Decision date: 08 September 2023 Jurisdiction: Equity - Duty List Before: Robb J Decision: The Court: (1) Orders pursuant to s 74MA of the Real Property Act 1900 (NSW) that the defendant remove the caveat No AS190309 within 24 hours of the making of this order. (2) Stands the balance of the summons over for directions to a date to be fixed by arrangement with the Associate to Robb J. (3) Grants leave to the plaintiff to renew its application for the making of an order in terms of prayer 4 of the summons in accordance with the reasons for judgment. (4) Reserves costs. Catchwords: LAND LAW — caveats — application for withdrawal of caveat lodged by defendant over plaintiff's property — where caveat prevents registration of a mortgage that the plaintiff proposes to grant to a bank — whether the proposed mortgage would be an improper exercise of powers granted to the plaintiff as trustee under a trust deed — whether the proposed mortgage would constitute a breach of the plaintiff's duties as trustee under a trust deed — held that the proposed mortgage does not breach the duties of the plaintiff as trustee — no basis for finding that the mortgage transaction would be an improper exercise of the plaintiff's powers as trustee — order made pursuant to s 74MA of the Real Property Act 1900 (NSW) for the removal of the caveat by the defendant EQUITY — equitable remedies — injunctions —mandatory injunctions — where plaintiff seeks a mandatory injunction compelling the defendant to provide personal identification documents to a bank to satisfy the bank's "Know Your Customer" (KYC) requirements — whether the Court has the power to issue the injunction sought — consideration of nature of the KYC obligations prescribed by the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 (Cth) and the Anti‑Money Laundering and Counter‑Terrorism Financing Rules Instrument 2007 (No. 1) (Cth) — whether the injunction sought will be in aid of a legal or equitable right that the plaintiff has to require the defendant to satisfy the bank's KYC requirements — not established that the bank's KYC requirements are non-negotiable — entitlement to the mandatory injunction sought by the plaintiff not established — order made granting leave to the plaintiff to renew its application for the mandatory injunction sought if an alternative method of satisfying the bank's KYC requirements not involving the defendant's cooperation cannot be negotiated with the bank Legislation Cited: Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), Pt 7, ss 6, 32(1), 84(3)(b), 92, 229 Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1) (Cth), Pts 1.2, 4.3, 4.9, 4.10, 4.12 Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2014 (No. 3) (Cth) Corporations Act 2001 (Cth), ss 286(1), 1305 Family Law Act 1975 (Cth), s 79 Income Tax Assessment Act 1936 (Cth) Real Property Act 1900 (NSW), ss 74F, 74MA, 74O Supreme Court Act 1970 (NSW), ss 23, 66 Transfer of Land Act 1893 (WA), s 137 Cases Cited: Ananda Marga Pracaraka Samgha Ltd v Tomas (No 6) [2013] FCA 284; (2013) 300 ALR 492 Angliss & Angliss (No 2) [2016] FamCA 823 Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199; [2001] HCA 63 Binningup Nominees Pty Ltd (as trustee for the Lakewood Shores Unit Trust) v Brogue Tableau Pty Ltd [2004] WASC 14 Cardile v LED Builders Pty Ltd (1999) 198 CLR 380; [1999] HCA 18 Costa & Duppe Properties Pty Ltd v Duppe [1986] VR 90 Equitable Life Assurance Society v Hyman [2002] 1 AC 408 Jubilee Properties v Parkview Farm [2013] NSWSC 2011; (2013) 17 BPR 33,271 KPE Superannuation Fund Pty Limited v Two Tempe Holdings Pty Ltd; KPE Superannuation Fund Pty Limited v QRM Holdings Pty Ltd [2022] NSWSC 1708 Lion Nathan Australia Pty Ltd v Coopers Brewery Ltd (2006) 156 FCR 1; [2006] FCAFC 144 Mackay v Dick (1881) 6 App Cas 251 Quancorp Pty Ltd v Macdonald [1999] WASCA 33; (1999) 32 ACSR 50 St George Soccer Football Association Inc v Soccer NSW Ltd [2005] NSWSC 1288 Category: Principal judgment Parties: Rofe Way Pty Ltd (ACN 639 517 650) (Plaintiff) Melinda Anne Ronald in her capacity as Administrator of the Estate of the Late Anthony Charles Ronald (Defendant) Representation: Counsel: FG Di Lizia (Plaintiff) J Burnett (Defendant)