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Taleb v National Australia Bank [2011] NSWSC 1562
15 December 2011
The two parties to this litigation were cheated by a dead fraudster into lending money to his company on the basis that they would receive a mortgage or charge over the same property. The fraudster was in the pawn broking business. The first lender, an...
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Waco Kwikform v Jabbour [2010] NSWSC 1379
15 November 2010
The facts
October 2008Waco Kwikform Ltd (Waco) supplied goods to Jabcorp Pty Ltd (Jabcorp). A director of Jabcorp, guaranteed its obligations in the following terms:
I unconditionally and irrevocably guarantee payment to Waco of all moneys now or...
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Business Acquisitions Australia v Renshall [2006] NSWSC 1238
21 November 2006
This case concerned caveats against dealings on land under the Torrens title system. Two of the caveats claimed interests in land which lacked a solid foundation. A third caveat claimed an estate or interest described as a “charge and entitlement to...
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Circuit Finance Australia v Bessounian [2006] NSWSC 1190
09 November 2006
The Plaintiff claimed an estate or interest in the Defendant’s property pursuant to the charging clause contained on a lease agreement between the Plaintiff and Defendant. The Plaintiff sought an order under s74K(2) of the Real Property Act 1900...
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Kell & Rigby v Flurrie [2006] NSWSC 906
06 September 2006
The Defendant contracted the Plaintiff to provide construction management services in connection with the construction of a mixed residential/commercial building on the properties. The contract was amended to include a provision which purported to...
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Coast Reov O’Brien [2006] NSWSC 613
15 June 2006
This was an application by the Plaintiff to extend the operation of two caveats lodged over real estate owned by the First Defendant. The caveats were lodged pursuant to a charging clause contained in a Commercial Credit Facility and Supply Agreement...
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Gippsreal v Boyle [2006] NSWSC 601
15 June 2006
This was an application to further extend the operation of two caveats. The Plaintiff claimed to be entitled to a charge over land of the Defendants pursuant to charge provisions in letter of offer. However, the letter of offer gave Plaintiff total...
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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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Circuit Finance P/L v Crown & Gleeson Securities P/L [2005] NSWSC 997
01 September 2005
The case concerned the adequacy of a caveat which claimed merely an "equitable interest". The provisions in Part 7A of the Real Property Act 1900 and Real Property Regulation 2003 indicate that the characterization and description of the nature of an...
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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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Express Loans and Finance v Hunter [2004] NSWSC 142
03 March 2004
In this case the Plaintiff sought: first, an order granting leave pursuant to section 74O(2)(a) of the Real Property Act 1900 to lodge a caveat over land; alternatively, to make an injunction restraining the Registrar General from registering any...
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Big River Timbers v Stewart [1999] NSWCA 34
04 March 1999
Multiform Pty Limited was granted a credit account subject to the execution of a Guarantee by the company’s two directors Douglas Crane and Ian Stewart. The issue was whether the charge given in the Guarantee (which was a joint and several Guarantee)...
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