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Jensen v Bank of Queensland [2011] NSWCA 71
25 March 2011
Different caveats were lodged by different persons including the owner to prevent the sale of property by a mortgagee. The mortgagee successfully sought their removal and an order that the Registrar-General not accept any caveats lodged until the...
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Barkworth Olive Groves v De Napoli [2010] NSWSC 1416
30 November 2010
The owner of a property entered into a contract to sell the land. However, the purchaser failed to settle at that time. The vendor served a notice to complete however shortly before the settlement, the mystery defendant lodged a caveat.
The evidence...
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Source & Resources v Porada [2007] NSWSC 883
13 August 2007
The case concerned a conditional contract for sale of land to the Defendants with a right to rescind if conditions were not met by a specific date. The Plaintiff purported to rescind after time had expired. What the Court had to consider was whether...
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Black v Garnock [2007] HCA 31
01 August 2007
This case involved the purchase of a rural property. On the day before settlement judgment creditors obtained judgment against the vendor. However, a writ of execution was recorded in the register on the day of settlement. This, however, was not...
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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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Acorn Cove v Ciallella [2006] NSWSC 435
26 April 2006
Peter Lazaris, an officer of the Plaintiff, spoke with the Defendant, with respect to the purchase of the Defendant's property. Throughout various conversations Mr Lazaris reduced the purchase price by $95,000. The Defendant was then asked to put the...
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Fekete v Salfa [2005] NSWSC 1200
23 November 2005
This case concerned the extension of a caveat under the Torrens Title system. The Court had to determine whether the relevant caveat should be extended in circumstances where it had been lodged in breach of contract. Young CJ stated that he was unable...
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GE Capital Finance v Sunset Investments [2005] NSWSC 1205
07 November 2005
The case concerned an unregistered mortgage granted to the Plaintiff, GE Capital Finance Pty as mortgagee. The Plaintiff had advanced moneys by way of a loan to Fenning Timbers (Australia) Pty. Sunset Investments was a guarantor of Fenning’s...
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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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Luxury Homes v Danieli [2005] NSWSC 379
12 April 2005
The central issue in this case was whether the right to develop land, have land sold and receive a portion of the proceeds gives rise to a caveatable interest. In Epple v Wilson [1972] VR 440, it was held that an interest in the proceeds of the sale of...
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Mango Media v Bassal [2004] NSWSC 1253
15 December 2004
The case concerned an application for an order that a caveat be extended until further order and a declaration that the Plaintiff has an equitable interest in the form of a charge over the land. The terms of the letter of offer between the parties...
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Ruxan v Peachme [2004] NSWSC 1221
13 December 2004
The case concerned an application under section 74MA of the Real Property Act 1900 for an order that a caveat on two lots of land be withdrawn. The Plaintiff has now entered into a contract to sell the land to another party. That contract was due to...
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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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AJDJ v PacificWest Developments [2002] NSWSC 203
25 February 2002
The Defendant filed a notice of motion seeking that seven separate caveats lodged by the Plaintiff be withdrawn. However, the notice of motion was dismissed based on the fact that the Court was not convinced that the existence of the caveats obstructed...
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Dunecar (In Liq) v Colbron [2001] NSWSC 1181
11 December 2001
The case concerned an application made by the Plaintiff by its liquidator to remove a caveat that had been placed on the title of the property under contract for sale by the Defendant. The caveat protects an interest the Defendant says that he has in...
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Lawrence v. Appleby [2001] NSWSC 649
24 July 2001
In this matter a purchaser contended a contract for sale of land was not validly terminated by the vendors and lodged a caveat and commenced a suit for specific performance. The court was asked to extend the caveat until the suit was determined.
The...
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Forder v Cemcorp [2001] NSWSC 281
11 April 2001
The Court had to consider whether to order the extension of a caveat under s.74F of the Real Property Act 1900. To determine this question, regard must be had to whether the persons by whom the caveats have been lodged may be properly regarded as...
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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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