NSW Caselaw
New South Wales Supreme Court
CITATION : Chandran v Narayan [2006] NSWSC 104
HEARING DATE(S) : 20 and 21 February 2006 JURISDICTION : Equity Division
JUDGMENT OF : Young CJ in Eq
EX TEMPORE JUDGMENT DATE : 02/21/2006
DECISION : Application by wife to set aside deed dismissed; verdict for creditor against wife on deed.
CATCHWORDS : EQUITY [48]- Deed executed by husband and wife- Deed providing security over joint property and making wife liable for husband's debt- Whether equity will set aside- Whether wife was a volunteer- Wife involved in husband's business- Husband and wife not legally represented by choice- Creditor's representative explaining transaction- Apparent understanding- Deed not set aside.
Bester v Perpetual Trustee Co Ltd [1970] 3 NSWR 30 Garcia v National Australia Bank Ltd (1998) 194 CLR 395 CASES CITED : Henry v Armstrong (1881) 18 Ch D 668 State Bank of New South Wales Ltd v Chia (2000) 50 NSWLR 587 Yerkey v Jones (1939) 63 CLR 649
2890/05 Thirupathur Lakshmanan Chandran (P) Parvati Sunita Narayan (D) PARTIES : 2892/05 Thirupathur Lakshmanan Chandran (P) Sradha Nand Narayan (D1) Parvati Sunita Narayan (D2)
FILE NUMBER(S) : SC 2890/05; 2892/05
2890/05 S Reuben (P) COUNSEL : B DeBuse (D) 2892/05 S Reuben (P) B DeBuse (D2)
2890/05 Denes Ebner (P) SOLICITORS : Watson & Watson (D) 2892/05 Denes Ebner (P) Watson & Watson (D2)
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