Jedhar P/L v Grosse

[2004] QCA 167

Queensland Court of Appeal

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Interrogate

Catchwords

1. Conveyancing
2. › Land titles under the Torrens system
3. › Caveats against dealings
4. › Removal of caveat
5. › Whether serious question to be tried as to caveatable interest
6. › Whether equitable interest arising from fraudulent alienation of property
7. › Property Law Act 1974 (Qld), s 228
1. Property Law
2. › Fraudulent alienation of property
3. › Alienation with intent to defraud creditors
4. › Whether payments to corporate entity constituted alienation of property by individual
5. › Whether intent to defraud creditors demonstrated
6. › Whether use of corporate vehicle indicative of intent to defraud
7. › Property Law Act 1974 (Qld), s 228

Quick Take

Where payments are made by an employer to a corporate entity for services performed by an individual, the employment relationship between the employer and the corporate entity (rather than the individual) must be displaced by evidence before an alienation of the individual's property can be established under s 228 of the Property Law Act 1974 (Qld). The mere use of a corporate vehicle is not by itself indicative of an intent to defraud creditors. Section 228(1) requires that the intention be to defraud persons whose claims are likely to mature into a debt in the immediate or foreseeable future, and the claimant bears the burden of establishing the timing of any alleged alienation.