NSW Caselaw
New South Wales Supreme Court
CITATION : Farrell v Gray [2009] NSWSC 1297
HEARING DATE(S) : 3 October 2008, 11 and 25 November 2008, 16 July 2009 and 13 November 2009
JUDGMENT DATE : 30 November 2009
JUDGMENT OF : Smart AJ
Judgment for Plaintiff, including interest Order for costs DECISION : No Order made on s 37A Conveyancing Act claim First Defendant adjudged guilty of contempt of court Motion against Second Defendant for contempt of court dismissed See paragraph 87 for detailed orders.
CATCHWORDS : Entitlement to costs orders against first defendant to partnership proceedings - s37A Conveyancing Act claim - intent to defraud by first defendant, first and second defendants acting together - subsequent mortgages registered not vulnerable to attack - inability to grant useful relief - case not adequately pleaded - contempt of court established as against first defendant but not second defendant
Civil Procedure Act 2005 Conveyancing Act 1919 LEGISLATION CITED : Real Property Act 1900 Supreme Court Act 1970 Uniform Civil Procedure Rules
CATEGORY : Principal judgment
Bartels v Behm & Anor (1990) 19 NSWLR 257 Behm v Bartels (1988) 14 NSWLR 432 Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 CASES CITED : O'Halloran v RT Thomas & Family Pty Ltd (1998) 45 NSWLR 262 Pheeney v Doolan (1977) 1 NSWLR 601 Silvera v Savic (1999) 46 NSWLR 124 Target Holdings Ltd v Redferns [1996] 1 AC 421
Gavin Edward Farrell (Plaintiff) PARTIES : Andrew Richard Hewell Gray (First Defendant) Melanie Maree Gray (Second Defendant)
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