Turnbull v Gorgievski [1999] NSWSC 871

New South Wales Supreme Court CITATION : Turnbull v Gorgievski [1999] NSWSC 871 CURRENT JURISDICTION : Equity FILE NUMBER(S) : 2513/98 HEARING DATE(S) : 5 August 1999 JUDGMENT DATE : 5 August 1999

Stephen Turnbull (P) PARTIES : Dobra Gorgievski (D1) Ristana Gorgievski (D2) JUDGMENT OF : Hamilton J

COUNSEL : D R Sibtain (P) Miss R Winfield (D1 & 2) SOLICITORS : Williams - The Law Firm (P) Delwyn A Bishop (D1 & 2) CATCHWORDS : EVIDENCE [52] - Admissibility - Hearsay - First hand hearsay - Notice requirements - Whether complied with - Dispensation with. ACTS CITED : Conveyancing Act 1919, s 37A Evidence Act 1995, ss 59, 63, 67, 135, 136 DECISION : Direction that s 63 apply to evidence though notice under s 67 not given.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

HAMILTON J

THURSDAY, 5 AUGUST 1999

2513/98 STEPHEN TURNBULL v DOBRA GORGIEVSKI & ANOR

JUDGMENT (as to admissibility of par 8 of First Defendant's affidavit sworn 26 June 1998)

HIS HONOUR:

1 These are proceedings brought by a plaintiff under s 37A of the Conveyancing Act 1919 to set aside the transfer by the first defendant to the second defendant of his half share in a property. The transfer was at a nominal consideration and occurred whilst proceedings were being prosecuted in the District Court by the present plaintiff against the first defendant for damages for assault which subsequently resulted in the entry of judgment for the plaintiff for some $180,000. Par 8 in the affidavit of Dobra Gorgievski sworn 26 June 1998 is objected to. The paragraph is as follows: "I am aware of the arrangements my parents made in respect of the purchase because my father said to me: 'We've got the money from the sale of the house in Newtown and some money in the account but we've got to borrow some money'. Or words to that effect. 'We need to borrow $35,000 to buy the house and pay the expenses. Your mum is not working and the bank won't lend me the $35,000. If you put your name on the loan, the bank will lend me the $35,000' or words to that effect. He said further: 'Just put your name on it and don't worry about the money. I'll be repaying it' or words to that effect. He said: 'Just as long as they give us the $35,000, don't worry, I'll repay it'."