Neubacher v Good [2003] NSWSC 379

New South Wales Supreme Court

CITATION : Neubacher v Good [2003] NSWSC 379 HEARING DATE(S) : 01/05/03 JUDGMENT DATE : 2 May 2003 JURISDICTION: Equity Division JUDGMENT OF : Barrett J DECISION : Plaintiff entitled to be registered as proprietor by transmission as executrix. Summons otherwise dismissed.

CATCHWORDS : TORRENS SYSTEM - caveats - who may lodge - one of two joint tenants assumed to have killed other intentionally and wrongfully - assumed wrongdoer died soon after assumed victim - beneficial accrual to assumed wrongdoer precluded by forfeiture rule - undivided half share accruing held upon constructive trust for estate of assumed victim - whether caveat by executrix of assumed victim precludes registration of executrix of assumed wrongdoer as proprietor by transmission - whether caveat should be removed LEGISLATION CITED : Real Property Act, ss.74F, 74H(5)(a), 93, 96 Deputy Commissioner of Taxation v Corwest Management Pty Ltd [1978] WAR 129 Re Little; Ex parte Thorne's Bankstown Estate Ltd (1929) 29 SR (NSW) 401 CASES CITED : Re Mitchell (1902) 19 WN (NSW) 161 Rasmanis v Jurewitsch (1969) 70 SR (NSW) 407 Troja v Troja (1993) 33 NSWLR 269 PARTIES : Diana Neubacher in her capacity as representive of the estate of John Dawson Taylor (deceased) - Plaintiff Kim Lenore Good in her capacity as representative of the estate of Eleanor Frances Taylor (deceased) - Defendant FILE NUMBER(S) : SC 2380/03 COUNSEL : Mr J R Dupree - Plaintiff Mr A C Todd - Defendant SOLICITORS : L C Muriniti & Associates - Plaintiff Swaab Attorneys - Defendant