EDPI PTY. LIMITED v. RAPDOCS PTY. LIMITED & ANOR [2005] NSWSC 644

New South Wales Supreme Court

CITATION : EDPI PTY. LIMITED v. RAPDOCS PTY. LIMITED & ANOR [2005] NSWSC 644

HEARING DATE(S) : 14 to 17 June 2005

JUDGMENT DATE : 1 July 2005

JURISDICTION : Equity

JUDGMENT OF : Hall J at 1

DECISION : I make orders in terms of paragraphs one to five, as amended, of MFI 1. Costs reserved

Woodward v. Page (1989) 7 BPR 14 CASES CITED : Appleton Papers Inc. v. Tomasetti Papers Pty. Limited (1983) 3 NSWLR 208 Patrick Stevedores Operations No. 2 Pty. Limited v. Maritime Union of Australia (1998) 194 CLR 1

EDPI PTY. LIMITED v. PARTIES : RAPDOCS PTY. LIMITED & ANOR

FILE NUMBER(S) : SC No. 5172 of 2004

Plaintiff: D. Barren/P. Castley COUNSEL : Defendant: I. Roche

Plaintiff: Barclay Benson SOLICITORS : Defendant: Hancock Alldis & Roskov

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

HALL, J.

FRIDAY 1 JULY 2005

No. 5172 of 2004

EDPI PTY. LIMITED v. RAPDOCS PTY. LIMITED & ANOR JUDGMENT 1 HIS HONOUR: On 17 June 2005, I made orders in terms of MFI 1. At that time I indicated that I would publish my reasons at a later date. These are those reasons. 2 On 26 May 2005, the plaintiff filed a notice of motion in which the following orders were sought:- " 2. An order that Caveat No. AA922102 be removed from Lot 3 of Deposited Plan 752053 corresponding to land situated at 470-472 Pennant Hills Road, Pennant Hills. 3. An order that the Registrar of the Supreme Court of New South Wales deliver up to the plaintiff the Certificate of Title of Lot 3 of Deposited Plan 752053." 3 The premises 470-472 Pennant Hills Road, Pennant Hills consists of three lots of which Lot 3 is one. All three lots are in the name of the plaintiff. 4 The substantial issues in the proceedings arise from the cross-claim filed by Rapdocs Pty. Limited on 14 October 2004 in which the cross-claimant claims declaratory and other relief in respect of what is termed the EDPI Trust. In particular, Rapdocs seeks a declaration that it is the beneficial owner of 20 units in the EDPI Trust, alternatively, a declaration that the First Cross-Defendant as Trustee of the EDPI unit trust (EDPI Pty. Limited) holds the land upon trust for Rapdocs as to two-thirds shares and Nader (a reference to Mr. Nader Zoljalali) as to a one-third share as tenants in common. It is unnecessary to set out the other alternative forms of relief claimed in the cross-claim. 5 A defence has been filed to the cross-claim and the Certificates of Title, the subject of the application of the proceedings brought by the plaintiff for delivery up of them, have been lodged with the Registrar of the Supreme Court and are being held in the Registrar's custody pending the outcome of the proceedings.