Lal v Patel; Patel v Lal

Court of Appeal

New South Wales

Case Title:

Lal v Patel; Patel v Lal

Medium Neutral Citation:

[2012] NSWCA 110

Hearing Date(s):

20 April 2012

Decision Date:

20 April 2012

Jurisdiction:

Before:

Macfarlan JA at [1]
Sackville AJA at [15]

Decision:

(1) The respondent is directed to file within a period of 4 weeks from today such submissions or evidence as she wishes to rely upon to establish that H Lal & Associates Pty Ltd and the Lal Family Trust were properly notified of the proceedings at first instance or, if they were not, that they do not now wish to be heard in the proceedings.

(2) The appellants are directed to lodge any submissions or evidence in response within 7 days thereafter.

(3) Any reply by the respondent is to be lodged within a further 7 days thereafter.

(4) Direct that the applications for leave to appeal and to strike out the Notice of Appeal be finally determined by the Court on the papers without the need for a further oral hearing.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

APPEAL - application for leave to appeal - no question of principle

Legislation Cited:

Conveyancing Act 1919 (NSW)
Supreme Court Act 1970

Cases Cited:

Texts Cited:

Category:

Principal judgment

Parties:

Patricia Lal (First Applicant)
Hasmukh Lal (Second Applicant)
Jaswanti Patel (Respondent)

Representation

- Counsel:

Counsel:
Applicants in person
M Suliman (Solicitor) (Respondent)

- Solicitors:

Solicitors:
Applicants in person
M Suliman (Respondent)

File number(s):

CA 2012/49614; CA 2011/305566

Decision Under Appeal

- Court / Tribunal:

- Before:

Biscoe AJ

- Date of Decision:

- Citation:

Patel v Lal [2011] NSWSC 603; Patel v Lal [2011] NSWSC 678

- Court File Number(s)

SC 2009/290378

Publication Restriction:

JUDGMENT

1. MACFARLAN JA: This is an application to strike out a notice of appeal and an application by the appellants named in that notice of appeal for leave to appeal.

2. By judgments at first instance dated 22 and 29 June 2011, Acting Justice Biscoe declared that a transfer for nominal consideration of a residential property by H Lal & Associates Pty Limited to the first appellant, Mrs Lal, was voidable under s 37A of the Conveyancing Act 1919 (NSW) as a transfer made with intent to defraud creditors.

3. Mrs Lal's husband, the second appellant, was the sole director and shareholder of the company which is now in liquidation. In reaching his conclusions the primary judge rejected Mr and Mrs Lal's argument that the transfer for a nominal consideration was justifiable because the company held the property as trustee for The Lal Property Family Trust and the transfer was simply designed to give…