Latest Case Notes

The book
Journal
college of law logo

Damages (including s74P Real Property Act)

  • Raptis v Wija Investments Development (No. 2) [2007] NSWSC 1012

    05 September 2007
    The case concerned final relief by way of leave to lodge a further caveat under s74O of the Real Property Act 1900. Wija didn’t oppose such an order being made. However, Wija did indicate that such relief isn’t usually granted unless an undertaking...
    View More
  • 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...
    View More
  • 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...
    View More
  • Wehbe v Abboud [2007] NSWSC 548

    21 March 2007
    In the case the caveat claimed an “equitable interest” by virtue of “exchange contract of sale of the subject property dated 19 November 2006”. However, the caveat was lodged by a party, namely a vendor’s conveyancer, who was not a party to...
    View More
  • Hazim v Chipis [2005] NSWSC 199

    08 March 2005
    The case concerned an application under s 74MA of the Real Property Act 1900 for a declaration that the persons who lodged caveats over the Plaintiffs' property have no caveatable interest in that land and for the withdrawal of the caveats. The caveats...
    View More
  • Australian Security Estates v Bluecrest Holdings [1999] NSWSC 524

    21 May 1999
    In this case the Plaintiff sought an order that that continuation of the caveat only be preserved on the basis that the second Defendant gives an undertaking as to damages or that the undertaking as to damages by the Company be appropriately secured....
    View More