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Sood v Kalokeri [2011] NSWSC 85
04 February 2011
The lender sought leave to lodge a further caveat after a caveat had been lapsed. Shortly before the proceedings were commenced the property was transferred from wife to husband for no consideration. The transfer had not yet been lodged.
By the time...
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Pacific Blue Australia v Somalis [2008] NSWSC 75
08 February 2008
This was a determination of the costs in the case below with Palmer J holding:
It seems to me that the Plaintiff was entirely justified, not only in commencing proceedings for removal of the caveats, but also in obtaining those orders, despite the...
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Business Acquisitions Australia v Renshall - Costs [2006] NSWSC 1399
15 December 2006
The Court dealt with the question of costs consequent upon the decision that the Plaintiff remove three caveats. In the proceedings to remove the caveat the Plaintiff resisted the claims for their removal. However, two caveats were found to have no...
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Leidreiter v Rae [2006] NSWSC 1043
09 October 2006
The case concerned an instance where the Plaintiff had failed to withdraw a caveat after undertaking to the Court to do so. The Defendant sought indemnity costs. The Court considered whether the events established "relevant delinquency" for granting...
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Coscom v Standing Enterprises [2006] NSWSC 114
22 February 2006
These proceedings concerned relief in relation to the extension of a caveat. The substantive proceedings had not been commenced. The Court had to reconcile arguments as to the costs of the proceedings to date, being the settled proceedings in relation...
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Albarran v Theodorou [2006] NSWSC 9
17 January 2006
The case concerned an application to extend a caveat. The Court indicated that the Plaintiffs had a clear caveatable interest and that there was no basis for the Defendant's seeking its lapsing. The Court stated that the decision of the Second...
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Kriklewicz v Kriklewicz [2005] NSWSC 163
03 April 2005
The case concerned a caveat against dealings on land under the Torrens title system. The caveat had been lodged for registration but hadn’t yet been registered. The Plaintiff sought an order that the unregistered dealing lapse forthwith. The Court...
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Knox Street Apartments v Rabinowitz [2005] NSWSC 159
11 March 2005
The case concerned an application by the registered proprietor for an order to remove caveat lodged by the first Defendant. The first Defendant caveator agreed to withdraw the caveat and pay the Plaintiff's costs. The remaining issue was whether the...
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Equititrust v Geebung Polo Club (In Liq) [2005] NSWSC 189
10 February 2005
The proceedings concerned the removal of a caveat. The Plaintiff sought the costs of the proceedings. However, the Defendant asserted that the unconditional undertaking to attend at settlement and proffer a withdrawal of caveat should be taken to be...
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21 Million v Clarence Street [2003] NSWSC 1178
10 December 2003
The case concerned an application for leave to file a reformulated caveat. The reformulated caveat in respect of which the leave was sought identifies the nature of the claimed estate or interest in the land as a "15 percent equitable interest” by...
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