Lardis v Lakis

[2018] NSWCA 113

NSW Court of Appeal

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Interrogate

Catchwords

1. Real Property
2. › Voidable dispositions
3. › Intent to defraud creditors
4. › Voluntary alienation
5. › Transfer of interest in residential property for nominal consideration
6. › Whether sufficient evidence of motive to justify finding of intent
7. › Conveyancing Act 1919 (NSW), s 37A
1. Evidence
2. › Witness evidence
3. › Cross-examination
4. › Rule in Browne v Dunn
5. › Whether cross-examination directed to credibility as distinct from reliability
6. › Whether primary judge permitted to reject evidence of witness
7. › Whether findings as to veracity open where only reliability challenged

Quick Take

A finding of intent to defraud creditors under s 37A(1) of the Conveyancing Act 1919 (NSW) does not require evidence that the apprehended claims would exceed the value of the transferor's net assets otherwise available to creditors; the fact of claims and potential liability for legal costs is sufficient evidence of motive.