NSW Caselaw
Reported Decision : 48 NSWLR 417
New South Wales Supreme Court CITATION : The Official Trustee in Bankruptcy v. D'Jamirze & Ors. [1999] NSWSC 1249 CURRENT JURISDICTION : Equity FILE NUMBER(S) : 3593/97 HEARING DATE(S) : 22, 23, 24 September and 25 November 1999 JUDGMENT DATE : 17 December 1999
PARTIES : The Official Trustee in Bankruptcy - Plaintiff Valentia D'Jamirze and ten others - Defendants JUDGMENT OF : Hodgson CJinEq at 1
COUNSEL : Mr. J. Johnson for Plaintiff Mr. C. Moore for Defendants SOLICITORS : Gordon & Johnstone, Sydney for Plaintiff The Law Partnership, Sydney for Defendants CATCHWORDS : Taxes and dutes - Stamp duties - Mortgage executed but not stamped until hearing - Mortgagor becomes bankrupt - Whether Official Trustee's title subject to mortgage. ACTS CITED : Stamp Duties Act 1920 (NSW) s.29 DECISION : See par.68-71 of judgment
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
CORAM: HODGSON, CJ in Eq.
Friday 17th December 1999
NO. 3593 OF 1997 THE OFFICIAL TRUSTEE IN BANKRUPTCY V. D'JAMIRZE & ORS.
JUDGMENT
1 The properties 7 Metella Road, Toongabbie (Folio Identifier 18/L/10697) and 9 Metella Road, Toongabbie (Folio Identifier 17/L/10697) are registered as owned by Valentina D'Jamirze, Alick D'Jamirze, Vladimir D'Jamirze, Zifira D'Jamirze, Yuri D'Jamirze, Victor D'Jamirze, Mickhail D'Jamirze, Zarema D'Jamirze, Nickolai D'Jamirze, Medeya D'Jamirze and Alexandre D'Jamirze as joint tenants. For convenience, I will refer to these persons by their Christian names. 2 Valentina, who was the mother of all the other joint tenants (who are accordingly brothers and sisters) died prior to 14th August 1997. Alick, Vladimir, Yuri, Victor and Nickolai became bankrupt prior to 14th August 1997. 3 In these proceedings, commenced on 14th August 1997, the plaintiff The Official Trustee in Bankruptcy seeks an order against the bankrupts that he be registered in their place on the title to the properties, and against all joint tenants that trustees for sale be appointed. 4 Alexandre Fedotov, the husband of Zifira, claims that the bankrupts, and also Michael and Alexandre, mortgaged their interests in the properties to him prior to the occurrence of the bankruptcies. He has been joined as a defendant in the proceedings, and he has applied to put on a cross-claim seeking a declaration of his interest and consequential relief.
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