PERPETUAL TRUSTEES VICTORIA LIMITED v CIPRI & ANOR [2008] NSWSC 1128

New South Wales Supreme Court

CITATION : PERPETUAL TRUSTEES VICTORIA LIMITED v CIPRI & ANOR [2008] NSWSC 1128

HEARING DATE(S) : Wednesday 30 July 2008

JUDGMENT DATE : 29 October 2008

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

DECISION : (1) An order that the first and second defendants give the plaintiff possession of the whole of the land comprised in Certificate of Title Folio Identifier Lot 120 in Deposited Plan 255678 and known as 48 Beechwood Avenue, Greystanes NSW 2145. (2) That a writ of possession issue, such writ not to issue before eight weeks from the making of final orders. (3) An order that the second defendant pay to the plaintiff the amount of outstanding loan monies together with fees, charges, expenses and interest calculated in accordance with the Loan Contract dated 17 June 2004 from 20 November 2006 to the date of making final orders. (4) An order that the first cross-claim be dismissed. (5) An order that the first defendant/cross-claimant is entitled to payment of compensation from the Torrens Assurance Fund in respect of loss arising from the conduct of Mrs Sandria Delores Cipri and from an act of the Registrar-General as specified in s.129(1) of the Real Property Act 1900. (6) Judgment for the cross-claimant on the second cross-claim ("Domenico Cipri") against the cross-defendant to the second cross-claim ("Registrar- General") for $280,000 plus costs. (7) The Registrar-General to pay the costs of Domenico Cipri of the second cross-claim. (8) An order that the third cross-claimant, the Registrar-General, is entitled to be indemnified by the third cross-defendant, Sandria Delores Cipri in respect of compensation to which the first defendant, Mr Domenico Cipri, is entitled from the Torrens Assurance Fund. (9) An order that the third cross-defendant, Sandria Delores Cipri, pay the Registrar-General's costs of the third cross-claim.