Winau Aust Pty Ltd & Ors v LCC Property Development Pty Limited & Ors (No 2) [2020] NSWSC 586

Supreme Court New South Wales

Medium Neutral Citation: Winau Aust Pty Ltd & Ors v LCC Property Development Pty Limited & Ors (No 2) [2020] NSWSC 586 Hearing dates: On the papers - written submissions 28 April, 5, 8 May 2020 Date of orders: 19 May 2020 Decision date: 19 May 2020 Jurisdiction: Equity Before: Kunc J Decision: Answer to separate question remains "No". Catchwords: LAND LAW — Torrens title — Indefeasibility of title — Effects of indefeasibility —Proper construction of acknowledgement in mortgage where advance never received by mortgagor due to intervention of alleged fraudster Cases Cited: Cherry v Steele-Park [2017] NSWCA 295; (2017) 96 NSWLR 548 Perpetual Trustees Victoria Limited v Cox [2014] NSWCA 328 Printy v Provident Capital Limited [2007] NSWSC 287 Provident Capital Ltd v Printy [2008] NSWCA 131 PT Limited v Maradona Pty Ltd (1992) 25 NSWLR 643 Winau Aust Pty Ltd & Ors v LCC Property Development Pty Limited & Ors [2020] NSWSC 434 Category: Principal judgment Parties: Winau Aust Pty Ltd (First Plaintiff) Shunjiyuan Investments Pty Ltd (Second Plaintiff) 183 Eastwood Pty Ltd ATF Eastwood Unit Trust (Third Plaintiff)

LCC Property Development Pty Ltd (First Defendant) Scott Chan (Second Defendant) Ippin Textiles Pty Ltd (Third Defendant) Jia He Family Investments Pty Ltd (Fourth Defendant) M Wang Family Pty Ltd (Fifth Defendant) Pollux Trading Pty Ltd (Sixth Defendant) CK Consulting Pty Ltd (Eighth Defendant) Registrar General of New South Wales (Ninth Defendant) Representation: Counsel: F Lim (Solicitor) (Plaintiffs) V Bedrossian (Third, Fourth and Fifth Defendants) H Altan (Ninth Defendant)