Cohen v Cohen [2016] NSWSC 336

Supreme Court New South Wales

Medium Neutral Citation: Cohen v Cohen [2016] NSWSC 336 Hearing dates: 24 March 2016 Date of orders: 24 March 2016 Decision date: 24 March 2016 Jurisdiction: Equity Before: Hallen J Decision: (i) Orders that the transfer pursuant to which the Defendant was registered as the proprietor of the Lane Cove property be set aside.

(ii) Declares that the Defendant holds title to the Lane Cove property on trust for the Plaintiff absolutely.

(iii) Orders that within 14 days of receipt of these written reasons for judgment, the Plaintiff is to serve the Defendant with a copy of the reasons, a copy of the declaration and orders entered, together with a Transfer, in registrable form, of the Lane Cove property by him to the Plaintiff.

(iv) Orders that, within 14 days of service of a copy of these reasons for judgment, a copy of the declaration and orders entered, and the Transfer in registrable form, the Defendant is to transfer to the Plaintiff the Lane Cove property by executing that Transfer and delivering it, or causing its delivery, to the NSW Trustee and Guardian at 19 O'Connell Street, Sydney, marked for the attention of Ms Maree Rice.

(v) Orders that, in the event that the Defendant does not comply with order (iii) directing him to execute and deliver the Transfer in registrable form, a Transfer, in registrable form, may be executed by Imelda Margaret Dodds, the Chief Executive Officer of the NSW Trustee and Guardian and that such executed Transfer is to operate, and is for all purposes available, as if it had been executed by the Defendant, as the person originally directed to execute it.