NSW Caselaw
New South Wales Supreme Court
CITATION : SZAFRAN V. SZAFRAN & ANOR. [2000] NSWSC 985 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 1662/00 HEARING DATE(S) : 9, 10, 11 October 2000 JUDGMENT DATE : 18 October 2000
Aniela Szafran - plaintiff PARTIES : Alexander Szafran - 1st defendant Director of Land Titles & Registrar General - 2nd defendant JUDGMENT OF : Hodgson CJinEq at 1
Mr. J. Van Aalst for plaintiff COUNSEL : Mr. G. Foster for 1st defendant Submitting appearance for 2nd defendant Herman & Morgan, Cabramatta for plaintiff SOLICITORS : E. Fredericks & Co., Lidcombe for 1st defendant K.C. Hall, Solicitor for Registrar General for 2nd defendant CATCHWORDS : PROCEDURE - PLEADING - AMENDMENT. Claim of fraud or voluntary transfer with no intention to pass beneficial interest - Fraud claim dismissed - Resolution of alternative claim requiring consideration of what was intention of transferor - Tentative finding of intention that could justify relief not sought - Whether amendment permitted. CASES CITED : Port of Melbourne Authority v. Anshun Pty. Ltd. (1981) 147 CLR 589. DECISION : See end of judgment
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
CORAM: HODGSON, CJ in Eq.
Wednesday 18th October 2000
NO. 1662 OF 2000 SZAFRAN V. SZAFRAN & ANOR.
JUDGMENT
1 On 11th June 1999, when she was ill in hospital, the plaintiff executed a transfer of her home at Yagoona to her son the first defendant. This transfer was registered on 9th July 1999. In these proceedings, the plaintiff claims that the transfer was fraudulently obtained, and she seeks orders having the effect of returning ownership of this property to her. In the alternative, the plaintiff claims similar relief on the basis that the transfer was made without consideration and without any intention of the plaintiff to cause the beneficial interest in the property to be vested in the first defendant. The plaintiff also claims relief in respect of $5,000.00 withdrawn by the first defendant from her bank account on 10th June 1999.
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