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Break Fast Investments v C & O Voukidis [2011] NSWSC 871
15 August 2011
A caveator lodged a caveat which described the interest claimed as arising from contributions to the purchase price of properties and the facts supporting the interest as other associated payments. The resulting trust argument arising from...
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ACN 075 911 410 v Almaty [2011] NSWSC 333
20 April 2011
The owner of land granted a charge over it to secure brokerage. The broker sought an extension of its caveat which was opposed by the owner’s co-developer of the land.
The law is that the court must determine whether the caveator's claim “has or...
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Szanto v Bainton [2011] NSWSC 278
12 April 2011
Prior to settlement a purchaser discovered an illegal sewer connection and attempted to discuss it with the vendors. The vendors advised they were not aware of any issues and referred to the special conditions in the contract whereby the purchaser...
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Taylor Property Group v Permanent Trustees Australia [2011] NSWSC 318
12 April 2011
The administrator lodged a caveat for his fees. The lender wanted it removed so he could sell the property. The lender offered the administrator $20,000 to go away but it was refused.
The law is that the caveator bears the onus of showing that it has...
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Bayblu Holdings v Capital Finance Australia [2011] NSWCA 39
25 February 2011
The borrower lodged a caveat to prevent the sale of the property by the mortgagee which it claimed to be at undervalue. The lender sought a withdrawal of caveat. The Judge found for the lender and the borrower appealed.
Insufficient sale proceeds to...
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Bank of Queensland v Hoerman [2011] NSWSC 73
22 February 2011
The borrowers were eccentric. They resisted possession on the grounds that they had seceded from Australia and established an independent sovereign country which was not subject to the jurisdiction of the Court. The bank was granted judgment and...
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Oceanview Group Holdings v Anastazija Balaz [2006] NSWSC 1469
20 December 2006
The Plaintiff lodged a caveat claiming an equitable interest by way of a constructive trust in land of which the first Defendant was the registered proprietor. The constructive trust was said to arise from the Defendants’ use in whole, or in part, of...
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FTFS Holdings v Business Acquisitions Australia [2006] NSWSC 1337
02 November 2006
This case concerned a third attempt to procure the removal of a caveat. The Court had to consider whether this further attempt was an abuse of process. The Court highlighted that the previous attacks on the caveat had been in relation to the form of...
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Buchanan v Crown & Gleeson Business Finance [2006] NSWSC 1465
31 October 2006
The Plaintiff registered proprietor sought the withdrawal of the Defendant’s caveat to permit her to discharge her mortgage to the first mortgagee and register a replacement mortgage to another entity. However, the Defendant refused to withdraw their...
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Zeaiter v Reliance Financial Services [2006] NSWSC 1471
26 October 2006
This case concerned an application by the Plaintiff for the withdrawal of a caveat lodged by the Defendant. However, the Court noted that the caveator did embody a seriously arguable case that they had a caveatable interest. Therefore considerations...
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Biseja v NSI Goup [2006] NSWSC 1331
22 September 2006
The applicant sought an order pursuant to Real Property Act 1900 (NSW), s 74MA, that the respondent withdraw three caveats lodged in respect of three lots in a Strata Plan which related to a development of land of which the applicant the registered...
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Lakeside Resort Development v Sunwoo [2006] NSWSC 545
26 May 2006
This case concerned an application under s 74K of the Real Property Act 1900 (NSW) for an order extending until further order of the Court the operation of caveat. Evidence indicated that the second Defendant held the land on trust for the Plaintiff....
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Babies Galore v Kelso Builders Supplies [2006] NSWSC 353
20 April 2006
In this case the Plaintiff exercised its option for the renewal of a lease and lodged a caveat to protect its rights and interests under that lease. The present proceedings involved an application by the Plaintiff for an order to extend the operation...
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Moon v Wyniard [2006] NSWSC 451
05 January 2006
This was an application to extend a caveat. There was a Contract for the sale of land in the name of the daughter of Plaintiffs as purchaser. The name of the purchaser had been altered by the secretary in the Defendants' solicitors' office at the...
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Redman Constructionv Tarnap [2005] NSWSC 1011
07 October 2005
The case is concerned with land title under the Torrens System. The Court considered whether leave lodging a caveat which claims the same interest as a previous caveat can be granted retrospectively. In determining this question, regard was had to...
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Gerar Sleiman v Paulette Afeich [2005] NSWSC 900
30 August 2005
The case considered the test to be applied when granting an application to extend a caveat. The Court stated that on an application for an extension of a caveat, considerations analogous to those which apply to an application for an interlocutory...
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Lee v Song [2005] NSWSC 698
25 July 2005
The central question in this case was whether a caveat should be extended in circumstances where a registered proprietor alleges that an extension would be futile as the caveators would get nothing from the sale. The Court indicated that a person...
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Rizky Management v Billabong Hotel (St Marys) [2005] NSWSC 580
16 June 2005
This case concerned an application under s 74K of the Real Property Act 1900 to extend a caveat over land until the Torrens Title System. To determine the issue the Court considered the principles on which the discretion to extend caveats should be...
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McKeand v Thomas [2005] NSWSC 419
19 April 2005
The case concerned an application to extend a caveat lodged against the title to the First Defendant’s land. The Plaintiffs lodged a caveat against the Defendants' land claiming an interest in that land pursuant to an oral agreement for the grant of...
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Harvie v. Stevens [2004] NSWSC 1217
26 November 2004
In this case the Plaintiff sought an order under s.74MA of the Real Property Act to compel the Defendant to withdraw a caveat placed upon the title to certain property. The Defendant and the Plaintiff were formerly married but are now divorced. The...
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Buildev Development v PIC Sales [2003] NSWSC 1245
12 December 2003
The case concerned an application to extend a caveat. The caveator was the Grantee of an option to acquire the land in question. That option was one which was granted by a Deed. The dispute arose from a purported exercise of the right conferred under...
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Renascent v ASEL [2002] NSWSC 345
17 April 2002
The Plaintiff sought an order under s.74K of the Real Property Act extending until the further order of the Court the operation of caveat. The issue for consideration was the effect of the willingness of the Defendant to give substitute security by way...
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Xcel Rural Properties v South Creek Dairy [2002] NSWSC 139
25 February 2002
The case concerned an application for leave to lodge another caveat under s 74O Real Property Act 1900 to replace a caveat which had expired. The Court indicated that the circumstances that give rise to an application under section 74O to lodge a...
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Consolidated Byrnes Holdings v. Blackman [2001] NSWSC 136
20 February 2001
The case concerned an application by the Plaintiff to extend a caveat. In an interlocutory application such as this, the essential considerations are the serious question to be tried and balance of convenience. However, the serious question to be tried...
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