Perpetual Trustees Victoria Limited v Peter Van den Heuvel & Anor [2009] NSWSC 57

New South Wales Supreme Court

CITATION : Perpetual Trustees Victoria Limited v Peter Van den Heuvel & Anor [2009] NSWSC 57 This decision has been amended. Please see the end of the judgment for a list of the amendments.

8 October 2008 HEARING DATE(S) : 9 October 2008 13 November 2008 written submissions for Registrar General 4 December 2008 Plaintiff's submissions in reply

JUDGMENT DATE : 20 February 2009

JUDGMENT OF : Price J at 1

DECISION : (1) That there be judgment for the plaintiff, as against the second defendant, for possession of the whole of the land in Certificate of Title folio identifier 24/12658 and known as 18 McIntosh Street Queanbeyan NSW. (2) That a writ of possession issue, such writ not to issue before 8 weeks from the making of final orders. (3) That the first cross-claim be dismissed. (4) That the second defendant/cross-claimant is entitled to payment of compensation from the Torrens Assurance Fund in respect of loss as a consequence of the fraud of Peter Harry Van den Heuvel (the first defendant) as specified in s 129(1)(e) of the Real Property Act 1900. (5) That the amount of such payment is to be agreed between the second defendant/cross-claimant and the Registrar General and in default of agreement to be assessed by the Court. (6) That there is to be judgment for the second defendant/cross-claimant on the second cross-claim against the Registrar General in the amount agreed or assessed by the Court in accordance with proposed order (5). (7) That the second defendant/cross claimant pay the plaintiff's costs (including the costs of the first cross-claim). (8) That the Registrar General pay the second defendant/cross claimant's costs of the second cross-claim.