PERPETUAL TRUSTEES VICTORIA LIMITED v CIPRI & ANOR [2009] NSWSC 335

New South Wales Supreme Court

CITATION : PERPETUAL TRUSTEES VICTORIA LIMITED v CIPRI & ANOR [2009] NSWSC 335

HEARING DATE(S) : 30 July 2008

JUDGMENT DATE : 30 April 2009

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

(1) The first and second defendants give the plaintiff possession of the whole of the land comprised in Certificate of Title, Folio Identifier Lot 120 in Deposited Plan 255678 and known as 48 Beachworth Avenue, Greystanes, New South Wales, 2145. (2) A writ of possession issue, such writ not to issue before a period of eight weeks from the date of these orders. (3) The second defendant to pay to the plaintiff the amount of outstanding loan monies, together with fees, charges, expenses (including enforcement expenses) and interest, which interest is to be calculated in accordance with the loan contract dated 17 June 2004 from 20 November 2006 to the date of these orders. (4) The first cross-claim is dismissed. (5) The first defendant is to pay the plaintiff's costs in respect of its claim on the ordinary basis. DECISION : (6) The second defendant is to pay the plaintiff's costs in respect of its claim on the ordinary basis. (7) An order that the first defendant/cross-claimant (Domenico Cipri) is entitled to payment of compensation from the Torrens Assurance Fund in respect of loss arising from the operation of the Real Property Act, the conduct of the second defendant and an act of the Registrar General, as specified in s.129(1) of the Act. (8) An order that the cross-defendant to the second cross-claim (the Registrar General) pay Domenico Cipri the sum of $280,000, such payment not to carry interest if made within 28 days after the making of these final orders. (9) An order that the Registrar General pay the first defendant's (Domenico Cipri) costs of the second cross-claim. (10) An order that the third cross-claimant (the Registrar General) is entitled to be indemnified by the second defendant/cross-defendant to the third cross-claim (Sandria Cipri) in respect of compensation to which Domenico Cipri is entitled under the Torrens Assurance Fund. (11) An order that Sandria Cipri pay the Registrar General the sum of $280,000 plus interest from date of payment of that sum by the Registrar General to Domenico Cipri in accordance with order (8). (12) An order that Sandria Cipri pay the Registrar General's costs of the third cross-claim.