Rubino & Anor v Pineview Property Holdings Pty Ltd & Ors [2016] NSWSC 904

Supreme Court New South Wales

Medium Neutral Citation: Rubino & Anor v Pineview Property Holdings Pty Ltd & Ors [2016] NSWSC 904 Hearing dates: 11-14; 18-22; 26 April 2016; 17 and 18 May 2016; 16 and 17 June 2016 Decision date: 30 June 2016 Jurisdiction: Equity Before: White J Decision: Refer to para [376] of judgment. Catchwords: REAL PROPERTY — Loss of interest in land — Claim for compensation out of Torrens Assurance Fund — Real Property Act s 129 — Plaintiffs transferred ownership of real property to second defendant — Second defendant mortgaged properties to secure loan — Proceeds of loan disbursed largely to the benefit of third, fourth and fifth cross-defendants to third cross-claim — Plaintiffs claim to have been deceived into signing transfer documents — Whether plaintiffs deprived of their interest in land by fraud — Plaintiffs intended second defendant to raise finance by becoming the registered proprietor of the properties and borrowing moneys on security of them — Signatures on transfer documents not procured by fraud — Claim against second defendant dismissed — Claim against Registrar General dismissed

TORTS — Negligence — Whether fourth defendant breached duty of care by failing to take reasonable care to ensure certificate of title used only as instructed — Solicitor not retained to advise on wisdom of proposed transaction — Certificate of title used only as instructed by plaintiffs — Whether fourth defendant had duty to disclose known facts concerning third cross-defendant to third cross-claim's discredit — Plaintiffs had prior experience of third cross-defendant to third cross-claim's business practices — No duty of care — No breach of duty in any event