JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS
CITATION: SINGH -v- KAUR BAL [No 2] [2010] WASC 69
CORAM: HASLUCK J
HEARD: 22 MARCH 2010
DELIVERED : 22 MARCH 2010
FILE NO/S: CIV 1264 of 2006
BETWEEN: SARDUL SINGH
Plaintiff
AND
TEESHALDIP KAUR BAL
First DefendantMAN MAHAN SINGH
Second DefendantSATWANT KAUR
Third Defendant
Catchwords:
Property law - Practice and procedure - Plaintiff seeks declaration that transfer of property was an alienation of property with intention to defraud - Jurisdictional issue as to whether the court has jurisdiction to deal with a claim concerning an overseas property - Inference of intention to defraud arising from transfer of property between close family members - Finding that plaintiff is entitled to judgment in default of defence and by way of summary judgment
Legislation:
Property Law Act 1969 (WA), s 89
Rules of the Supreme Court 1970 (WA), O 14 r 1, O 22 r 1, O 22 r 2
Result:
Order for summary judgment in default of defence
Category: B
Representation:
Counsel:
Plaintiff: Mr E Carlose
First Defendant : In person
Second Defendant : In person
Third Defendant : In person
Solicitors:
Plaintiff: Eapon Carlose
First Defendant : In person
Second Defendant : In person
Third Defendant : In person
Case(s) referred to in judgment(s):
Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87
First Industry Corp v Goh [2002] WASC 111
Moscow Narodny Bank Ltd v Mosbert Finance (Aust) [1976] WAR 109
HASLUCK J:
Introduction
The plaintiff in this action, Sardul Singh, seeks to have declared void pursuant to s 89 of the Property Law Act 1969 (WA) an alienation by the second defendant of property in Malaysia which was made for the benefit of the first and third defendants. Other orders are sought which I will describe more fully later.
The second defendant is the plaintiff's brother. The second defendant is the husband of the third defendant and the father of the first defendant. It will therefore be convenient for ease of exposition, if necessary, to refer to the latter defendants as the second defendant's wife and daughter.
It appears from the plaintiff's statement of claim and the other materials before me that the plaintiff and the second defendant were involved in a restaurant business venture that led to a dispute between them. In the end, a certain debt referable to the business venture was assigned to the plaintiff. This in turn led to the plaintiff obtaining a judgment against his brother in the District Court (CIV 5 of 2002) in the sum of $173,349 plus costs in July 2005.
The plaintiff alleged that his brother, the second defendant, then took steps to divest himself of various assets which led eventually to his bankruptcy on 14 February 2006. The writ of summons in this matter was issued a month later on 22 March 2006.
The plaintiff's claim
It is said by the plaintiff in…
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- AGLC
- Singh v Kaur BAL [No 2] [2010] WASC 69
- Case
- [2010] WASC 69
- Decision Date
CaseChat Overview and Summary
The court was required to decide whether it had jurisdiction to deal with the claim concerning an overseas property and whether the inference of the intention to defraud could be drawn from the transfer of property between close family members. The court found that it had jurisdiction to hear the case and that the inference of the intention to defraud could be drawn from the transfer of property between close family members. The court held that the transfer of property between close family members could be an indication of the intention to defraud, particularly where the transfer occurred in the context of a family dispute.
The court granted the plaintiff's application for judgment in default of defence and by way of summary judgment. The court found that the plaintiff was entitled to the declaration that the transfer of property was an alienation of property with the intention to defraud. The court ordered that the defendant return the property or its value to the plaintiff. The court also ordered that the defendant pay the plaintiff's costs of the application.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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