NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: McGregor v Rogers [2024] NSWSC 121 Hearing dates: 30 and 31 January 2024 Decision date: 19 February 2024 Jurisdiction: Equity Before: Lindsay J Decision: Subject to allowing the parties an opportunity to be heard as to the form of orders to be made and costs: (1) Declare that the plaintiff has no right, title or interest in the Guyra property; (2) Order that the plaintiff's caveat be withdrawn forthwith; (3) Order that the plaintiff's statement of claim and the defendant's amended statement of cross claim otherwise be dismissed; (4) Order that the plaintiff pay the defendant's costs of the proceedings (on the statement of claim and the cross claim) on the ordinary basis. Catchwords: EQUITY – Equitable interest in real property – Dispute about beneficial ownership Legislation Cited: Environmental Planning and Assessment Act 1979 NSW Evidence Act 1995 NSW Felons (Civil Proceedings) Act 1981 NSW NSW Trustee and Guardian Act 2009 NSW Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Commercial Union Assurance Co of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Jones v Dunkel (1959)101 CLR 298 Category: Principal judgment Parties: Plaintiff: Barry David Goebel McGregor Defendant: Whatarangi Rogers Representation: Counsel:
Plaintiff: D Mitchell and J Li Defendant: C Zucker, solicitor
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