KRNJULAC v LINCU [2015] NSWCA 367

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: KRNJULAC v LINCU [2015] NSWCA 367 Hearing dates: 15 October 2015 Date of orders: 02 December 2015 Decision date: 02 December 2015 Before: Bathurst CJ at [1]; Leeming JA at [26]; Emmett AJA at [27] Decision: (1) To the extent necessary, grant the appellants leave to appeal from the orders made by Lindsay J on 30 May 2014 and 16 December 2014.

(2) Grant leave to the appellants to file an amended notice of appeal, adding Mr Laza Krnjulac as the fifth respondent.

(3) Appeal allowed.

(4) Set aside Orders 5 to 14 inclusive of the orders made by the primary judge on 30 May 2014 and Orders 10 to 14 of the orders made by him on 16 December 2014 and, in lieu thereof, make the following orders:

(a) Declare that the appellants and the fifth respondent hold their respective interests in the land contained in Folio Identifier 32/1823 (the church land) on trust for the trustees, for the time being, of the Nazarene Church trust (the trustees).

(b) Order that the appellants and the fifth respondent execute and deliver transfers of their respective interests in the church land to the trustees.

(c) Order that the appellants and the fifth respondent deliver up possession of the church land to the trustees.

(d) Order that the fifth respondent account to the trustees for the use of title to the church land.

(e) Order that the fifth respondent indemnify the trustees against all claims that may be made against them in relation to the church land by Community First Credit Union Ltd as mortgagee in respect of mortgage AA852414 over the church land (the mortgage).