NSW Caselaw
New South Wales Supreme Court
CITATION : Reganam Pty Ltd v Crossing [2009] NSWSC 1401
HEARING DATE(S) : 16, 17 & 18 September 2009 (Written submissions closed 14 October 2009.)
JUDGMENT DATE : 15 December 2009
JUDGMENT OF : Smart AJ
DECISION : Summons dismissed.
CATCHWORDS : Application to set aside two transactions under s 37A Conveyancing Act 1919 - Whether intent on part of disponor or agent (wife) to defraud (including defeat, delay or hinder) creditors - Claim of resulting trust by wife to property not established by payments made.
LEGISLATION CITED : Conveyancing Act 1919
CATEGORY : Principal judgment
Calverley v Green (1984) 155 CLR 242 Chen v Marcolongo [2009] NSWCA 326 Crisp v Mullings 1976 EG 730 CASES CITED : Lumbers v W Cook Builders Pty Limited (2008) 232 CLR 635 Silvera v Savic (1999) 46 NSWLR 124 The Official Trustee in Bankruptcy v Alvaro (1996) 138 ALR 341 Wentworth v Rogers [2004] NSWCA 430 Williams v Lloyd [1934] HCA 1; 50 CLR 341
Reganam Pty Ltd (Plaintiff) PARTIES : Phillip Barclay Murray Crossing (First Defendant) Joanne Marion Crossing (Second Defendant) Torcullin Pty Ltd (Third Defendant)
FILE NUMBER(S) : SC 4772/2008
JM White (Plaintiff) COUNSEL : JP Redmond (First Defendant) S Epstein SC / A Douglas-Baker (Second & Third Defendants)
Cole & Butler (Plaintiff) SOLICITORS : The Law Company (First Defendant) PMF Legal (Second & Third Defendants)
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