Matouk v Matouk (No. 2) [2015] NSWSC 748

Supreme Court New South Wales

Medium Neutral Citation: Matouk v Matouk (No. 2) [2015] NSWSC 748 Hearing dates: 29 May 2015 Date of orders: 29 May 2015 Decision date: 29 May 2015 Before: Slattery J Decision: Set aside the transfer of the subject property to the first defendant. The second defendant's caveats are to be withdrawn. Title to the property is to be registered with the plaintiff. Catchwords: EQUITY – application to set aside transfer of title to real property based on equitable grounds – whether transfer effected by undue influence – whether transfer effected by unconscionable conduct – where the donor did not speak and could not read or write English and did not receive independent legal advice.

REAL PROPERTY – application to order the withdrawal of caveats – where caveator was deceased and no representative had been appointed – whether onus of proving a seriously arguable caveatable interest met Legislation Cited: Civil Procedure Act 2005, s 94 Duties Act 1997, s 304 Real Property Act 1900, s 74MA Cases Cited: EQUITY – application to set aside transfer of title to real property based on equitable grounds – whether transfer effected by undue influence – whether transfer effected by unconscionable conduct – where the donor did not speak and could not read or write English and did not receive independent legal advice.

REAL PROPERTY – application to order the withdrawal of caveats – where caveator was deceased and no representative had been appointed – whether onus of proving a seriously arguable caveatable interest met Category: Procedural and other rulings Parties: Plaintiff: Nadia Matouk Defendant: Samia Matouk Representation: Counsel: Plaintiffs: P.M.Lane Defendants: n/a