Patel v Lal [2011] NSWSC 603

Supreme Court New South Wales

Medium Neutral Citation: Patel v Lal [2011] NSWSC 603 Hearing dates: 30-31 May, 1 June 2011 Decision date: 22 June 2011 Jurisdiction: Equity Division Before: Biscoe AJ Decision: Claim upheld that transfer of property was with intent to defraud creditors and is voidable under s 37A Conveyancing Act 1919. Catchwords: CONVEYANCING:- fraudulent conveyance - intention to defraud creditors - avoiding transfer - Conveyancing Act 1919 s37A.

CORPORATIONS:- winding-up - leave to proceed nunc pro tunc against company in liquidation - Corporations Act 2001 (Cth) s 471B. Legislation Cited: Bankruptcy Act 1966 (Cth) s 58(3)(b) Conveyancing Act s 37A Corporations Act 2001 (Cth) ss 471A, 471B, 473, 601AD, 601AE, 601AF Cases Cited: Commonwealth of Australia v Davis Samuel Pty Ltd [No 5] [2008] ACTSC 124, 164 ACTR 1 Green v Official Trustee in Bankruptcy; in the matter of Schneller (Bankrupt) [2001] FCA 1644 Hewlett Packard Australia Pty Ltd v Siltek Holdings Pty Ltd [2005] NSWSC 672 Lal v Patel (Supreme Court of New South Wales, Schmidt J, 1 February 2010, unreported) Lal v Patel (Supreme Court of New South Wales, Davies J, 12 February 2010, unreported) Langdon v Gruber [2001] NSWSC 276 Marcolongo v Chen [2011] HCA 3, 85 ALJR 380 Patel v H Lal & Associates Pty Ltd [2008] NSWSC 964 Sihota v Pacific Sands Motel [2003] NSWSC 119, 56 NSWLR 721 Webforge Australia Pty Ltd v Tecniskill Co-operation Pty Ltd [2008] NSWSC 517 Category: Principal judgment Parties: Jenny (also known as Jaswanti) Patel (Plaintiff) Patricia Lal (First Defendant) H Lal & Associates Pty Ltd (Second Defendant) Hasmukh Lal (Third Defendant) Commonwealth Bank of Australia (Fourth Defendant) Representation: COUNSEL: Jenny (also known as Jaswanti) Patel in person (Plaintiff) Patricia Lal in person (First Defendant) N/A (Third Defendant) Hasmukh Lal in person (Third Defendant) Ms N Bearup (Fourth Defendant) SOLICITORS: Gadens Lawyers (Fourth Defendant) File Number(s): 2009/00290378