Gerard Cassegrain & Co Pty Limited v Felicity Cassegrain [2013] NSWCA 453

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gerard Cassegrain & Co Pty Limited v Felicity Cassegrain [2013] NSWCA 453 Hearing dates: 21 and 22 February 2013 Decision date: 18 December 2013 Before: Beazley P at [1]; Basten JA at [120]; Macfarlan JA at [152] Decision: (1) Allow the appeal and set aside orders 2 and 3 made in the Equity Division on 11 November 2011 and entered on 15 November 2011. (2) Declare that Felicity Cassegrain holds the property described in Folio identifiers 4/792413, 1/798316, 115/754434, 124/754434, 2/720827, 117/754434, 118/754434 and 174/754434 on trust for Gerard Cassegrain & Co Pty Ltd absolutely. (3) Order that Felicity Cassegrain execute a Real Property Act transfer the property so described to the previous registered proprietor, Gerard Cassegrain & Co Pty Ltd [ACN 000 342 174] by Friday 14 February 2014. (4) Order that Felicity Cassegrain pay Gerard Cassegrain & Co Pty Ltd's [ACN 000 342 174] costs of the trial with respect to the relief claimed against her. (5) Order that Felicity Cassegrain pay the appellant's costs of this appeal. (6) Grant Felicity Cassegrain a certificate under the Suitors' Fund Act 1951 in respect of the costs of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: REAL PROPERTY - Torrens title - indefeasibility of title - fraud exception -agency.