Reliance Financial Services Pty Ltd v Pineiro [2017] NSWSC 1739

Supreme Court New South Wales

Medium Neutral Citation: Reliance Financial Services Pty Ltd v Pineiro [2017] NSWSC 1739 Hearing dates: 13 November 2017 Date of orders: 14 December 2017 Decision date: 14 December 2017 Jurisdiction: Equity Before: Darke J Decision: Judgment to be entered for plaintiff against first defendant in the sum of $67,600. Catchwords: STATUTORY INTERPRETATION – principles of statutory interpretation – meaning of "a party to the deed" in Conveyancing Act 1919 (NSW), s 38(1) – where section amended after its introduction – whether amendment alters meaning of remaining provisions of section – whether context requires broad reading of "party" to include persons who sign for a party or are otherwise associated with a party – ordinary meaning of "party" preferred

CONTRACTS – deeds – attestation of deeds – Conveyancing Act 1919 (NSW), s 38(1) – whether signatory for party is capable of attesting execution of deed – whether person associated with party is capable of attesting execution of deed – attestation valid

CONTRACTS – deeds – attestation of deeds – Conveyancing Act 1919 (NSW), s 38(1) – whether s 38 applies to execution of deeds by corporations – held, it does not have general application to execution of deeds by corporations

CONTRACTS – deeds – general principles of construction – where interest accrued monthly under deed of loan – whether borrower required to pay interest prior to repayment of principal – no obligation to pay interest prior to repayment of principal

LIMITATION OF ACTIONS – multiple applicable limitation periods – whether cause of action is founded on a contract not a deed – whether plaintiff's claim for principal under deed of loan barred – plaintiff's claim not barred