Van Der Velde as Trustee of the Bankrupt Estate of Jagjit Singh and Trustee of the Bankrupt Estate of Sarbjit Kaur v Singh [2013] NSWSC 1343

Supreme Court New South Wales

Medium Neutral Citation: Van Der Velde as Trustee of the Bankrupt Estate of Jagjit Singh and Trustee of the Bankrupt Estate of Sarbjit Kaur v Singh [2013] NSWSC 1343 Hearing dates: 17 September 2013 Decision date: 17 September 2013 Jurisdiction: Common Law Before: Davies J Decision: (1) The Defence of the First Defendant filed 13 August 2013 is struck out and dismissed. (2) An order pursuant to section 15 of the Real Property Act 1900 that the Defendants be required to produce the Certificate of Titles for the following properties: i. the land and premises known as Unit 7, 33 Bowden Street, Harris Park in the State of New South Wales, being the whole of the land comprised in Folio Identifier 7/SP11723; and ii. the land and premises known as 148 Aberglassyn Road, Rutherford in the State of New South Wales, being the whole of the land comprised in Folio Identifier 1822/1090379. (3) If the Defendants fail to produce the Certificate of Titles for the properties referred to in order 1 above, an order pursuant to section 138 of the Real Property Act 1900 that the Registrar-General issue a new Certificate of Title for the following properties: i. the land and premises known as Unit 7, 33 Bowden Street, Harris Park in the State of New South Wales, being the whole of the land comprised in Folio Identifier 7/SP11723; and ii. the land and premises known as 148 Aberglassyn Road, Rutherford in the State of New South Wales, being the whole of the land comprised in Folio Identifier 1822/1090379. (4) The Defendants are to pay the Plaintiff's costs of these proceedings. Catchwords: JUDGMENTS - res judicata - issue estoppel - extended estoppel - claim by trustee in bankruptcy for certificates of title - defence raising matters determined in bankruptcy proceedings and other proceedings involving the same and different parties - issues decided adversely to defendant - defence struck out - orders made Legislation Cited: Real Property Act 1900 Uniform Civil Procedure Rules Cases Cited: Chamberlain v Deputy Commissioner of Taxation (1988) 164 CLR 502 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Rippon v Chilcotin Pty Limited [2001] NSWCA 142; (2001) 53 NSWLR 198 Singh v Owners of Strata Plan 11723 [2013] FCCA 506 Singh v Owners, Strata Plan 11723 & Ors [2013] NSWSC 872 Category: Interlocutory applications Parties: Terry Grant Van Der Velde as Trustee of the Bankrupt Estate of Jagjit Singh and Trustee of the Bankrupt Estate of Sarbjit Kaur (Plaintiff) Jagjit Singh (First Defendant) Sarbjit Kaur (Second Defendant) Representation: Counsel: S Quang (Plaintiff) No appearances (Defendants) Solicitors: Grace Lawyers Pty Ltd (Plaintiff) No appearances (Defendants) File Number(s): 2013/179289