Namul Pty Ltd v Milovan Stankovic [2013] NSWSC 115

Supreme Court New South Wales

Medium Neutral Citation: Namul Pty Ltd v Milovan Stankovic [2013] NSWSC 115 Hearing dates: 13 and 14 February 2013 Decision date: 14 February 2013 Jurisdiction: Equity Division Before: Rein J Decision: 1. Declare that Milovan Stankovic has no right, title or interest in the Real Property Act land contained in Lots 1, 2, 4, 5, 6, 7, 8, 9, 10, 11 and 12 inclusive in deposited plan 1169214, situate at and known as 85-95 Presidents Road, Kellyville 2155 in the State of New South Wales and appearing as the pink highlighted portion of the Schedule annexed to the amended summons filed in Court on 13 February 2013. 2. Order that Milovan Stankovic by himself, his servants and agents be restrained from entering upon the Real Property Act land contained in Lots 1, 2, 4, 5, 6, 7, 8, 9, 10, 11 and 12 inclusive in deposited plan 1169214, situate at and known as 85-95 Presidents Road, Kellyville 2155 in the State of New South Wales and appearing as the pink highlighted portion of the Schedule annexed to the amended summons filed in Court on 13 February 2013. 3. Order that Milovan Stankovic by himself, his servants and agents be restrained from publishing or diseminating any material in writing asserting that he has an interest in the Real Property Act land contained in Lots 1, 2, 4, 5, 6, 7, 8, 9, 10, 11 and 12 inclusive in deposited plan 1169214, situate at and known as 85-95 Presidents Road, Kellyville 2155 in the State of New South Wales and appearing as the pink highlighted portion of the Schedule annexed to the amended summons filed in Court on 13 February 2013. 4. Order made that the defendant pay the plaintiff's costs but any application for indemnity costs is stood over to 15 March 2013 at 9.30am. Catchwords: PROPERTY LAW - declaration of the rights of a registered proprietor of land - purchase at auction from trustees in bankruptcy and ex wife of the bankrupt - fraud as an exception to the indefeasibility principle - quia timet injunction Legislation Cited: Bankruptcy Act 1966 (Cth) Civil Procedure Act 2005 (NSW) Family Law Act 1975 (Cth) Real Property Act 1900 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Stankovic v Hills Shire Council [2012] NSWSC 738 Palmer Bruyn & Parker Pty Ltd v Parsons (2001) 208 CLR 388; [2001] HCA 69; (2001) 185 ALR 280; (2001) 76 ALJR 163; (2001) 22(20) Leg Rep 9; (2002) Aust Torts Reports 81-630 Young & Another v The Owners -- Strata Plan No 3529 and Others (2001) 54 NSWLR 60 Category: Principal judgment Parties: Namul Pty Ltd (Plaintiff) Milovan Stankovic (Defendant) Representation: Counsel: Mr Charles Alexander (Plaintiff) Defendant in person Solicitors: Mr Robert McLaughlin (Plaintiff) File Number(s): SC 2013/34311