NSW Caselaw
New South Wales Supreme Court
CITATION : ACN 097 590 817 Pty Ltd as Trustee of the ACN Trust v Ede;Adamson v Ede [2007] NSWSC 1384
HEARING DATE(S) : 26, 27, 28, 29 November 2007
JUDGMENT DATE : 14 December 2007
JURISDICTION : Equity Division
JUDGMENT OF : Windeyer J at 1
DECISION : Order Judgment for $80,000 and interest. Claim otherwise dismissed. On cross-claim orders for withdrawal of caveats. Declaration charge inoperative and void.
CATCHWORDS : CONTRACTS - various contracts, charges and transfers between solicitor and client or trust company controlled by solicitor and client - whether transfer signed partly in blank - whether charge to secure debt effective under Real Property Act - charge not valid under that Act and not capable of registration - SOLICITORS - lien over documents - whether documents taken by client - claim in conversion - no damage proved
Bankruptcy Act 1966 (Cth) LEGISLATION CITED : Contracts Review Act 1980 Family Law Act 1975 (Cth) Real Property Act 1900
ACN 097 590 817 Pty Ltd as Trustee of the ACN Trust (Plaintiff/Cross Defendant in 6285/03) PARTIES : Kenneth John Ede (Defendant/Cross Claimant in 6285/03) Christopher Michael Adamson (Plaintiff in 3712/06) Kenneth John Ede (Defendant in 3712/06
FILE NUMBER(S) : SC 6285 of 2003; 3712 of 2006
In Person (Plaintiff in 3712/06) COUNSEL : Mr C Adamson (Solicitor) (Plaintiff/First Cross-Defendant in 6285/03) In Person (Second Cross-Defendant in 6285/03) Mr G Sirtes (Defendant in 3712/06 and Defendant/Cross-Claimant in 6285/03)
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