Auto Panel Beaters & Radiators Pty Ltd (In liquidation) v Barclays Services Pty Ltd (formerly known as Auto Panel Beating Beating & Radiators Pty Limited) & Ors [2009] NSWSC 1165

New South Wales Supreme Court

CITATION : Auto Panel Beaters & Radiators Pty Ltd (In liquidation) v Barclays Services Pty Ltd (formerly known as Auto Panel Beating Beating & Radiators Pty Limited) & Ors [2009] NSWSC 1165

HEARING DATE(S) : 27/10/09, 28/10/09

JUDGMENT DATE : 17 November 2009

JUDGMENT OF : Forster J at 1

DECISION : See paragraph 82 and 83 of judgment.

CATCHWORDS : X tranferred his land to non-existent company, which became its registered proprietor - Issue of fact as to whether he intended to transfer it to A (a company which he then controlled) or to B (a company which he believed he then controlled but did not control) - common mistake or unilateral mistake? - held: he intended to transfer land to A: common mistake - A entitled to have land transferred to it.

LEGISLATION CITED : Real Property Act 1900

CATEGORY : Principal judgment

Browne v Dunn (1893) 6 R 67 CASES CITED : Calverley v Green (1984) 155 CLR 242 M W J v R (2005) 80 ALJR 329 Scalise v Bezzina [2003] NSWCA 362

Plaintiff: Auto Panel Beaters & Radiators Pty Ltd (In liquidation) First Defendant: Barclays Services Pty Ltd (formerly known as Auto Panel Beating Beating & Radiators Pty Limited) PARTIES : Second Defendant: Registrar General Third Defendant/Cross Claimant: Roger Whalebone Fourth Defendant: A1 Catering Pty Limited

FILE NUMBER(S) : SC 5462/08

Plaintiff: M.S. Henry COUNSEL : Second Defendant: submitting appearance Third and Fourth Defendant/Cross Claimant: A.Reoch, J. Dowling

Plaintiff: Luke Whiffen, Watson Mangioni Lawyers Pty Ltd SOLICITORS : First Defendant: M.Barclay Second Defendant: submitting appearance Third Defendant/Cross Claimant: J.Dowling.