Property Litigation

Johnson v Leader Computers [2014] SASCFC 14

A husband transferred his half interest in a house to his wife. His company was placed into administration the next day. Two creditors of the company had personal guarantees from the husband and sought to void the transfer to the wife under section 86 of the Law of Property Act 1936 (SA) [equivalent to section …

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Segal v Barel [2013] NSWCA 92

Two co-owners sought different remedies to terminate their co-ownership, one sale and one partition. A section 66G order was made by the Supreme Court to partition the land and to require one co-owner to pay the other a sum to take account of expenditure in relation to the land to achieve equality between them. The co-owner wanting sale appealed …

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Helena Hu v PS Securities as trustee of the Joseph Family Trust [2011] NSWSC 98

Ms Helena Hu lent money to a trust and obtained a judgement debt against the former trustee. The principal of the former trustee attempted to avoid paying the debt by appointing a new trustee and winding up the old trustee. The only valuable asset of the trust, land valued at $6m, was transferred from the …

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Celermajer Holdings v Kopas [2011] NSWSC 40

The long term tenants refused to vacate an apartment after the owner terminated the tenancy. The tenants claimed an equitable life tenancy created by an agreement and breach of that agreement. Proceedings were initiated in the residential tenancies tribunal and later transferred to the court by the tenant. EvidenceThe court criticised the precise identical recollection …

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