Integrated Growth Solutions Pty Ltd v Campbell [2015] NSWSC 517

Supreme Court New South Wales

Medium Neutral Citation: Integrated Growth Solutions Pty Ltd v Campbell [2015] NSWSC 517 Hearing dates: 29 April 2015 Decision date: 29 April 2015 Jurisdiction: Equity Division Before: Stevenson J Decision: Plaintiff entitled to judgment against defendant; directions for disposition of plaintiff's application for funds in Court Catchwords: EQUITY– general principles – equitable estates and interests – whether plaintiff has an equitable interest in a property previously owned by the defendant pursuant to an unregistered mortgage – whether the defendant's signature on the loan and mortgage documents was forged; PROCEDURE – net proceeds of sale of property paid into Court – application for payment out of Court – whether plaintiff has an interest in the funds held in Court – whether plaintiff is primarily entitled to the funds and all interested parties are on notice Legislation Cited: Real Property Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bank of New South Wales v Adams [1982] 2 NSWLR 659 Commonwealth Bank of Australia v The Estate of the Late Mahmoud Slieman [2010] NSWSC 661 Elfar v Registrar General of New South Wales [2010] NSWSC 539 Harmer v The Commissioner of Taxation of the Commonwealth of Australia (1991) 173 CLR 264 Hudak v Adams [2013] NSWSC 1464 Pepper Finance Corporation Limited v Maloney [2013] NSWSC 890 Vella v Permanent Mortgages Pty Ltd [2008] NSWSC 505 Category: Principal judgment Parties: Integrated Growth Solutions Pty Ltd (Plaintiff) Latesha Elizabeth Campbell (Defendant) (self-represented) Representation: Counsel: C Robinson (Plaintiff)