Strel v Cordia [2016] NSWSC 1596

Supreme Court New South Wales

Medium Neutral Citation: Strel v Cordia [2016] NSWSC 1596 Hearing dates: 12, 13, 14 September 2016 Date of orders: 11 November 2016 Decision date: 11 November 2016 Jurisdiction: Equity Before: Darke J Decision: Plaintiff has established a right to obtain title to the property. Cross-Claim is dismissed. Catchwords: REAL PROPERTY – Torrens title – Terms Contract to purchase property – Incomplete evidence as to dealings between purchaser and registered proprietor – Whether available evidence supports inference that purchaser performed obligations under contract – Whether purchaser entitled to obtain title to the property

REAL PROPERTY – Torrens title – Unregistered interests – Possessory title – Whether cross-claimant's use of property amounted to adverse possession – Whether cross-claimant formed view that plaintiff had abandoned property and had no right to give permission to occupy – Whether cross-claimant's use of property was pursuant to the consent or permission of plaintiff Legislation Cited: Evidence Act 1995 (NSW), s 63(2) Limitation Act 1969 (NSW), ss 27(2), 28, 34, 38, 65 Probate and Administration Act 1898 (NSW), s 44 Real Property Act 1900 (NSW), s 45D Cases Cited: J A Pye (Oxford) Limited v Graham [2003] 1 AC 419; [2002] UKHL 30 Moses v Lovegrove [1952] 2 QB 533 Mulcahy v Curramore Pty Limited [1974] 2 NSWLR 464 Newington v Windeyer (1985) 3 NSWLR 555 Category: Principal judgment Parties: Adelaide Strel (Plaintiff/First Cross-Defendant) Robert Jan Cordia (First Defendant/Cross-Claimant) Registrar-General of New South Wales (Second Defendant/Second Cross-Defendant) Sylvia Graef (Third Defendant) Representation: Counsel: M L D Einfeld QC with Mr D A Cook (Plaintiff/First Cross-Defendant) V R W Gray (First Defendant/Cross-Claimant)