Morse v Riley (No 5) [2014] NSWSC 810

Supreme Court New South Wales

Medium Neutral Citation: Morse v Riley (No 5) [2014] NSWSC 810 Hearing dates: 13 June 2014 Decision date: 13 June 2014 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Declare that the transfer by the first defendant to the second defendant on or about 11 February 2014 of his interest in the land comprised in Folio Identifier 484/9406 was made with the intention to defraud his creditors. (2) Declare that the transfer by the first defendant to the second defendant on or about 11 February 2014 of his interest in the land comprised in Folio Identifier 484/9406 is void pursuant to s 37A of the Conveyancing Act 1919. (3) Order that the said transfer be set aside. (4) Grant the parties liberty to apply on 24 hours' notice. Catchwords: DECLARATORY RELIEF - not granted by consent - fraudulent disposition - relief granted. Legislation Cited: - Bankruptcy Act 1966 (Cth), s 58 - Conveyancing Act 1919 (NSW), s 37A - Duties Act 1997 (NSW), s 65 Cases Cited: - Bowden v Weldon [2014] NSWSC 109 - Griffiths v Falck [2008] NSWSC 998 - Marcolongo v Chen [2011] HCA 3; 242 CLR 546 - Morse v Michael Thomas Riley (Supreme Court (NSW), Button J, 12 February 2014, unrep) - Morse v Riley [2014] NSWSC 212 - Morse v Riley (No 3) [2014] NSWSC 236 - Morse v Riley (No 4) [2014] NSWSC 299 Category: Principal judgment Parties: Joanna Louise Morse (First Plaintiff) Joanna Chapman Investments Pty Ltd (Second Plaintiff) Michael Thomas Riley (First Defendant) Julianne Riley (Second Defendant) LawCover Insurance Pty Ltd (Cross Defendant) Representation: Counsel: M. Fraser (Plaintiffs) No appearance (Defendants) Solicitors: Castagnet Lawyers (Plaintiffs) Submitting appearance (First Defendant) File Number(s): 2011/177707