Oakland Property Holdings Pty Ltd v BNY Trust (Australia) Registry Limited as Trustee for the Allfinance Funding Trust No. 1 [2012] NSWSC 335

Supreme Court New South Wales

Medium Neutral Citation: Oakland Property Holdings Pty Ltd v BNY Trust (Australia) Registry Limited as Trustee for the Allfinance Funding Trust No. 1 [2012] NSWSC 335 Hearing dates: 22 and 28 March 2012 Decision date: 29 March 2012 Jurisdiction: Equity Division - Duty List Before: White J Decision: Refer to para [105] of judgment. Catchwords: REAL PROPERTY - whether defendant is entitled to a charge over property presently owned by the plaintiff - construction of a deed of charge - no entitlement to charge - removal of caveats over property owned by plaintiff

PRACTICE AND PROCEDURE - interlocutory issues - injunction to restrain completion of sale of property at discounted price - claim under s 37A of Conveyancing Act 1919 (NSW) - no serious question to be tried that completion of sale of property would be transaction made with intent to defraud creditors - if serious question to be tried balance of convenience would not justify grant of injunction - substantial losses if completion of sale restrained Legislation Cited: Conveyancing Act 1919 (NSW) Category: Interlocutory applications Parties: Oakland Property Holdings Pty Ltd (Plaintiff/1st Cross-Defendant) Ray Shine Pty Ltd (2nd Cross-Defendant) BNY Trust (Australia) Registry Limited as Trustee for the Allfinance Funding Trust No. 1 (1st Defendant/Cross-Claimant) Kenneth Michael Whittingham (2nd Defendant) Representation: Counsel: J E Thomson (Plaintiff) J O Beck (2nd Cross-Defendant) A J McInerney (1st Defendant) Solicitors: William Chan & Co (Plaintiff) Gadens Lawyers (1st Defendant) File Number(s): 2012/89270