McVeigh v Whitelaw [2005] NSWSC 1112

New South Wales Supreme Court

CITATION : McVeigh v Whitelaw [2005] NSWSC 1112

HEARING DATE(S) : 1 September 2005

JUDGMENT DATE : 1 September 2005

JUDGMENT OF : Brereton J

CATCHWORDS : REAL PROPERTY – land under Real Property Act – application by trustee in bankruptcy for cancellation of certificate of title and issue of replacement recording trustees as registered proprietor.

Bankruptcy Act 1966 (Cth) LEGISLATION CITED : Conveyancing Act 1919 (NSW) Real Property Act 1900 (NSW)

Dean Royston McVeigh PARTIES : Zyna Marie Whiltelaw Wayne Anthony Lewis

FILE NUMBER(S) : SC 1215 of 2005

COUNSEL : Mr J Hammond (plaintiff)

SOLICITORS : W G McNally & Co (plaintiff)

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BRERETON J

Thursday 1 September 2005

1215/05 Dean Royston McVeigh v Zyna Marie Whitelaw & Anor JUDGMENT (ex tempore) 1 HIS HONOUR: By summons filed on 25 January 2005 the plaintiff, Dean Royston McVeigh, who is the trustee in bankruptcy of the first defendant, Zyna Marie Whitelaw, claims the following relief: 1. The first defendant or second defendant, Zyna Marie Whitelaw or Wayne Anthony Lewis, produce to this court Certificate of Title Volume 14662 Folio 161.

2. If the defendant fails to produce the Certificate of Title referred to above in 1 to the court, then the Registrar General take all appropriate steps to cancel the Certificate of Title referred to in 1 and issue a new Certificate of Title with Folio Identifier 137/75547, recording Dean Royston McVeigh and Wayne Anthony Lewis as the registered proprietors as tenants in common in equal shares. 3. Costs. 4. Any such further orders this honourable court thinks fit.