Peters v Lithgow Forge Pty Ltd [2011] NSWSC 1185

Supreme Court New South Wales

Medium Neutral Citation: Peters v Lithgow Forge Pty Ltd [2011] NSWSC 1185 Hearing dates: 09/08/10, 10/08/10, 11/08/10, 12/08/10, 16/10/10 and 11/10/10 Decision date: 10 October 2011 Jurisdiction: Equity Division Before: Slattery J Decision: See paragraph 143 of judgment. Catchwords: EQUITY - solicitor claims charge over real property in name of corporation to secure payment of a judgment for costs against a former client - shares in corporation transferred by client to his wife - real property of corporation mortgaged - solicitor seeks to set aside both the transfer and mortgage under Conveyancing Act, s 37A - client funds acquisition of property by corporation - HELD - solicitor has equitable interest by way of charge over the real property - mortgage but not transfer voidable under Conveyancing Act, s 37A - corporation holds property on resulting trust for client. Category: Principal judgment Parties: Plaintiff:- Rodd Andrew Peters T/as Rodd Peters Lawyers First Defendant:- Lithgow Forge Pty Ltd Second Defendant: Anthony John Wieland Third Defendant:- Rachael Allen Fourth Defendant:- Nicholine Wieland Representation: Plaintiff: M. Aldridge SC, P. Reynolds First and Second Defendants: S.B. Loughnan Third and Fourth Defendants: A. Blank Plaintiff: Rodd Peters Lawyers First and Second Defendants: Gibson Howlin Lawyers Third and Fourth Defendants: Watkins Tapsell File Number(s): 2009/290828 Publication restriction: No