Arambasic v Veza (No 4) [2014] NSWSC 1109

Supreme Court New South Wales

Medium Neutral Citation: Arambasic v Veza (No 4) [2014] NSWSC 1109 Hearing dates: 23 July 2014, 24 July 2014, 25 July 2014 Decision date: 18 August 2014 Jurisdiction: Common Law Before: Sackville AJA Decision: 1The claim by the second plaintiff (Dr White) against the Defendants be dismissed. 2Judgment for possession of the Property in favour of the first plaintiff (Mr Arambasic) against the Defendants. 3Judgment for Mr Arambasic against the Defendants on his claim for mesne profits. 4Judgment for second cross-claimant (Ms Veza) on her cross-claim against Dr White for damages for breach of contract. 5The Amended Cross-Claim otherwise be dismissed. 6Direct the Defendants to file and serve proposed additional short minutes of order within fourteen days, accompanied by brief written submissions, dealing with the following matters: (a) quantification of the damages (including interest) that should be awarded to Ms Veza on her claim against Dr White; (b) quantification of the amount that should be awarded to Mr Arambasic as mesne profits; (c) the period that should elapse before Mr Arambasic is given leave to issue a writ for possession of the Property; and (d) the costs of the proceedings. 7Mr Arambasic and Dr White, within a further fourteen days, file and serve proposed short minutes of order in lieu of those proposed by the Defendants, accompanied by brief written submissions as to the matters identified in Order 6. Catchwords: POSSESSION OF LAND - unregistered interest created by instalment contract of sale between registered proprietor and purchaser - instalment contract varied - registered proprietor transfers to a volunteer - whether volunteer fraudulent - whether volunteer takes title free from purchaser's unregistered interest