Zepinic v Chateau Constructions (Aust) Ltd; Zepinic v Chateau Constructions (Aust) Ltd

[2016] NSWCA 361

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Applications for leave to appeal
3. › No issue of principle
4. › Whether proposed appeal had any chance of success
1. Practice and Procedure
2. › Service of process
3. › Service within jurisdiction on party who has filed notice of appearance
4. › Whether service abroad required
5. › Waiver of objection to service by unconditional participation in proceedings
6. › Uniform Civil Procedure Rules 2005 (NSW), r 4.5
1. Real Property
2. › Torrens system
3. › Indefeasibility of title
4. › Registered proprietor's paramount interest
5. › Whether unregistered equitable interest under trust could defeat title of bona fide purchaser from registered proprietor
6. › Real Property Act 1900 (NSW), ss 42, 43
1. Practice and Procedure
2. › Necessary parties
3. › Proceedings seeking to invalidate contract of sale
4. › Whether parties to the contract were necessary parties to the proceedings

Quick Take

Unconditional appearance and participation in proceedings constitutes waiver of objections to defective or absent service. A purchaser dealing with a registered proprietor under the Torrens system acquires title free of unregistered equitable interests absent fraud or personal equity. Proceedings seeking to invalidate a contract of sale must join the parties to that contract.