Nguyen v Corbett (No 2) [2018] NSWSC 441

Supreme Court New South Wales

Medium Neutral Citation: Nguyen v Corbett (No 2) [2018] NSWSC 441 Hearing dates: 26 February 2018; supplementary written submissions (last submission received 9 March 2018) Date of orders: 12 April 2018 Decision date: 12 April 2018 Jurisdiction: Equity Before: Parker J Decision: Declaration that two transfers by the second defendant to the first defendant, that had the effect of transferring ownership of a property to the first defendant, are void under the Conveyancing Act, s 37A.

Order that the first defendant is to perform all acts, and concur in all things necessary to make the property available for satisfying the debts owed by the second defendant to the plaintiff and to any other creditors of the first defendant.

Consent orders for property settlement made by the Family Court set aside.

Directions made to allow for applications for consequential orders (including orders for sale of the property or the appointment of a receiver), for the making of a fresh property settlement application, and for stays of enforcement. Catchwords: LAND LAW – alienation of property – Conveyancing Act 1919 (NSW), s 37A – transfer of Torrens Title land – value possibly exceeding creditors' claims – form of order – consequential orders – sale of land – appointment of receiver

FAMILY LAW – consent property adjustment orders set aside under Family Law Act 1975 (Cth), s 79A – consequential orders – proper form for fresh application for property adjustment orders – stay of enforcement of orders under Conveyancing Act 1919 (NSW), s 37A Legislation Cited: Conveyancing Act 1919 (NSW), s 37A Family Law Act 1975 (Cth), ss 79, 79A Family Law Rules 2004 (Cth), rr 10.15, 10.17. Statute of Elizabeth, 13 Eliz 1, c 5 Supreme Court Act 1970 (NSW), s 67 Cases Cited: Caird Seven Pty Ltd v Attia and Shopmart Pharmacy Franchising Pty Ltd (2016) 92 NSWLR 457 Cornish v Clark (1872) 14 Eq 184 Edwards & Co v Picard [1909] 2 KB 903 Green v Schneller (2002) 11 BPR 20,935 Houvardas v Zaravinos [2013] NSWSC 387 Ideal Bedding Co Ltd v Holland [1907] 2 Ch 157 In Re Maddever; Three Towns Banking Co v Maddever (1884) 27 ChD 523 Marcolongo v Chen (2011) 242 CLR 546 Masri v Consolidated Contractors International (UK) Limited [2009] QB 450 R v Cook; Ex parte Twigg (1980) 147 CLR 15 Silvera v Savic (1999) 46 NSWLR 124 Texts Cited: Cecil C M Dale, W Tindal King and W O Goldschmidt, Seton's Judgments and Orders (Stevens and Sons Limited, 6th ed, 1901) Category: Costs Parties: Ai Nhon Nguyen (Plaintiff) Avelina Corbett (First Defendant) James Edmund Corbett (Second Defendant) Representation: Counsel: RW Tregenza (Plaintiff) S Foda (First Defendant) PD Herzfeld (Second Defendant)