Coleman v Hart-Hughes [2017] NSWSC 656

Supreme Court New South Wales

Medium Neutral Citation: Coleman v Hart-Hughes [2017] NSWSC 656 Hearing dates: 17 May 2017 Date of orders: 26 May 2017 Decision date: 26 May 2017 Jurisdiction: Equity Before: Darke J Decision: Declaration made as to existence of an equitable charge. Catchwords: REAL PROPERTY – mortgages and charges – equitable charges and liens – where joint venture deed acknowledges that plaintiff has caveatable interest – whether terms of deed support implication of grant of equitable charge – whether deed frustrated or vitiated by illegality – declaration of equitable charge made

EQUITY – equitable remedies – injunctions – where plaintiff seeks injunction restraining registration of plan of sub-division without written agreement – whether terms of injunction would be inconsistent with operation of deed – grant of injunction not appropriate Cases Cited: Aged Care Services Pty Ltd v Kanning Services Pty Ltd (2013) 86 NSWLR 174; [2013] NSWCA 393 Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Bellissimo v JCL Investments Pty Ltd [2009] NSWSC 1260 Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Coleman v Bone (1996) 9 BPR 16,235 Complex Scaffolding Solutions Pty Ltd v Doueihi (2014) 17 BPR 32,753; [2014] NSWSC 230 Davis Contractors Ltd v Fareham Urban District Council [1956] AC 696 Industrial Equity Ltd v Lyons (Supreme Court of New South Wales, Cohen J, 15 October 1991, unrep) Muschinski v Dodds (1985) 160 CLR 583 Nudd v Official Trustee in Bankruptcy (2002) 11 BPR 20,163; [2002] NSWSC 399 Taleb v National Australia Bank Ltd (2011) 82 NSWLR 489; [2011] NSWSC 1562 Troncone v Aliperti (1994) 6 BPR 13,291 Category: Principal judgment Parties: James Robert Coleman (Plaintiff) Gai Hart-Hughes (First Defendant) First Mortgage Managed Investments Pty Ltd (Second Defendant) First Mortgage Investments Pty Ltd (Third Defendant) VMC Consulting Pty Ltd (Fourth Defendant) Representation: Counsel: Mr A Ogborne (Plaintiff) In person (First Defendant) Mr R Lewin (solicitor) (Second and Third Defendants)