CONVEYANCING - sham transactions - whether loan and mortgage transactions bona fide - whether loan and mortgage transactions liable to be set aside
CONVEYANCING - whether the loan and mortgage transactions and discharge of mortgage and sale transactions constitute an alienation of property within the meaning of s37A of the Conveyancing Act 1919 - whether there was an intent to defraud creditors - meaning of "creditors" in s37A - whether bona fide purchaser for value and without notice
ESTOPPEL - whether a defendant could be precluded from asserting an entitlement to repayment of loan and rely on a mortgage in light of what was said in court
EQUITABLE LIEN OR CHARGE - whether the plaintiff held an equitable lien or entitled to a charge in equity to secure payment for work done on a house, when subsequent judgment otherwise frustrated by sham transactions, to prevent consequences of unconscionable conduct - equitable lien as an alternative to a constructive trust as a remedy for unconscionable conduct
Case Details
Citation[2002] NSWSC 1187
CourtNSWSC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 14 later cases that cite this judgment.
1 of the 14 citing cases carry a classified treatment. How each court treated it is available to signed-in members.
