Grapple Pay Pty Ltd v Conroy [2025] NSWSC 64

Supreme Court New South Wales

Medium Neutral Citation: Grapple Pay Pty Ltd v Conroy [2025] NSWSC 64 Hearing dates: 12-13 and 17-18 December 2024 Date of orders: 18 February 2025 Decision date: 18 February 2025 Jurisdiction: Equity Before: Nixon J Decision: (1) The Amended Summons be dismissed. (2) Direct that by 5pm on 28 February 2025, the First Defendant serve and provide to the Associate to Nixon J, the form of costs order which she seeks and her submissions on costs (limited to 5 pages), indicating whether, and if so why, an oral hearing is requested to deal with the issue of costs. (3) Direct that by 5pm on 10 March 2025, the Plaintiff serve and provide to the Associate to Nixon J, any submissions in reply, including any competing form of order in respect of costs, indicating whether, and if so why, an oral hearing is requested to deal with the issue of costs. (4) Note that, in the event that neither party requests an oral hearing, the issue of costs will be determined on the papers. Catchwords: REAL PROPERTY – Conveyancing – Section 37A of the Conveyancing Act 1919 (NSW) – Alienation of property – Intention to defraud creditors – where plaintiff advanced moneys to company – where director of company guaranteed company's obligations in his own right and as trustee of trust – where only asset of trust was a block of land – where land was transferred by the director to his mother, the first defendant, on the same day that the company entered voluntary administration – where director became bankrupt and second defendant was appointed trustee in bankruptcy - whether property was transferred to first defendant for valuable consideration – whether property was transferred to first defendant with intent to defraud creditors – whether first defendant was a purchaser in good faith not having, at the time of the transfer, notice of any intent to defraud creditors EQUITY – Trusts and Trustees – Trust Instruments – Amendment – whether purported addendums to trust instrument appointed first defendant as trustee of the trust - whether purported addendum appointed third party as trustee of the trust Legislation Cited: Bankruptcy Act 1966 (Cth) s 120(1) Conveyancing Act 1919 (NSW) s 37A Duties Act 1997 (NSW) s 57 Cases Cited: Agusta Pty Ltd v Provident Capital Ltd [2012] NSWCA 26 Barton v Official Receiver (1986) 161 CLR 75 at 86; [1986] HCA 44 Cannane v J Cannane Pty Ltd (in liq) (1998) 192 CLR 557; [1998] HCA 26 Commissioner of Taxation v Oswal (No 6) [2016] FCA 762 Ingram v Y Twelve Pty Ltd [2013] NSWSC 1777 In the matter of FW Projects Pty Ltd (in liq) [2019] NSWSC 892 Marcolongo v Chen (2011) 242 CLR 546; [2011] HCA 3 Octavo Investments Pty Ltd v Knight (1979) 144 CLR 360; [1979] HCA 61 Peter Sleiman Investments Pty Ltd v Deputy Commissioner of Taxation [2017] NSWCA 81 P T Garuda Indonesia Ltd v Grellman (1992) 35 FCR 515 Super Vision Resources BVI Registered No 1,810,534 v AC Holdings Co Pty Ltd [2020] NSWCA 319 Wentworth v Rogers & Anor [2004] NSWCA 430 Wise Investments Pty Ltd v Ruddy Tomlins & Baxter, Solicitors [2019] QCA 271 Category: Principal judgment Parties: Grapple Pay Pty Ltd (Plaintiff) Ingrid Doris Conroy in her own right and in her capacity as trustee of The Bungabbee First Light Trust (First Defendant) Manuel Hanna as the Trustee of the Bankrupt Estate of Jarrod Arthur Conroy (Second Defendant) Representation: Counsel: N Simpson (Plaintiff) P Afshar w E ten Kate (First Defendant)