The Trust Company Ltd v Feiner [2014] NSWSC 1492

Supreme Court New South Wales

Medium Neutral Citation: The Trust Company Ltd v Feiner [2014] NSWSC 1492 Hearing dates: 11/09/2014 Decision date: 11 September 2014 Jurisdiction: Common Law Before: Garling J Decision: (1)Assess damages in the sum of $1.41 M. (2)Assess interest on damages up to judgment in the sum of $112,568.22. (3)Order that there be judgment in favour of Mrs Irena Feiner, pursuant to s 133(2) of the Real Property Act, against the cross-defendant, Edward Thomas Feiner, in the sum of $1,522,568.22. (4)Order in each matter that the cross-defendant, Edward Thomas Feiner, is to pay Registrar-General's costs of the proceedings as assessed or agreed. (5)Note that the judgment entered in proceedings 2011/251218 and proceedings 2012/241625 on 11 September 2014, relies upon the same underlying loss. Tthe Registrar General of New South Wales is not entitled to recover more than the sum fixed by one of the judgments. Catchwords: DAMAGES - assessment of damages - default judgment on cross-claims - real property - forged mortgage - claim on Torrens assurance fund - settlement - fair and reasonable - sum paid to settle proceedings sought - interest - COSTS - costs follow the event - no point of general principle Legislation Cited: Civil Procedure Act 2005 Real Property Act 1900 Cases Cited: Registrar-General of New South Wales v LawCover Insurance Pty Ltd [2014] NSWCA 241 Category: Principal judgment Parties: Ex parte Registrar General of NSW (D2) Representation: Counsel: A B Douglas-Baker (Registrar-General) (D2) File Number(s): 2011/251218, 2012/241625 Decision under appeal File Number(s): 2011/251218, 2012/241625