Botterill v Botterill [2000] NSWSC 1152

Reported Decision : [2001] NSW ConvR 55-977

New South Wales Supreme Court

CITATION : Botterill v Botterill [2000] NSWSC 1152 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 4084/00 HEARING DATE(S) : 20 November and 1 December 2000 JUDGMENT DATE : 1 December 2000

PARTIES : Mary Jane Botterill (P) Keith John Botterill (D) JUDGMENT OF : Hamilton J

COUNSEL : Diana Black (P) No appearance (D) SOLICITORS : Peter Marr & Associates (P) No appearance (D) CATCHWORDS : CONVEYANCING [151] - Land titles under the Torrens system - Powers of Court - New South Wales - Order for cancellation of certificate of title and issue of new certificate - Order of Family Court that husband transfer property to wife - Certificate of title not produced by husband. LEGISLATION CITED : Family Law Act 1975 (Cth) Real Property Act 1900 s 138 CASES CITED : Lank v Lank (1973) 21 FLR 384 Re Wakim; Ex Parte McNally & Ors (1999) 198 CLR 511 DECISION : Order that Registrar General cancel existing certificate of title and issue new certificate of title in name of wife.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

HAMILTON J

FRIDAY, 1 DECEMBER 2000

4084/00 MARY JANE BOTTERILL v KEITH JOHN BOTTERILL

JUDGMENT

HIS HONOUR:

1 These proceedings were commenced by a summons filed on 28 September 2000 by which the plaintiff claims: "1 An order that the interests of the defendant in the land comprising Certificate of Title Folio Identifier 20/6506 and known as Lot 20, Grafton Road, Glenreagh be settled on the plaintiff. …… 3 An order that the Registrar General take all appropriate steps to effectuate order 1."