Section 37A of the Conveyancing Act 1919 (NSW) applies to the entire process of obtaining a consent court order and effecting transfers where the whole transaction is undertaken with intent to defraud creditors; the existence of the court order does not negate the requisite intent. Relief under s 37A can be moulded to avoid inconsistency with orders of other courts, for example by ordering re-transfer rather than directly setting aside the impugned transfers. A transferee who shares the transferor's intent to defraud creditors is not protected by the indefeasibility provisions of the Real Property Act.
The full text is available to signed-in members, including the 26 later cases that cite this judgment.
5 of the 26 citing cases carry a classified treatment. How each court treated it is available to signed-in members.