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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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Albarran v Joe & Joe Developments [2010] NSWSC 1385
24 November 2010
The caveat in this case described the nature of the interest as being:
An equitable interest arising under a Deed of Company Arrangement DOCA because the provisions that establish the right of equalisation are contained in the (deed of company...
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Andrews v Wilcox [2008] NSWSC 280
17 March 2008
Mrs Andrews loaned money to Mr Wilcox (but not Mrs Wilcox) on security of the Wilcox family home (owned jointly by Mrs and Mr Wilcox). A caveat was lodged over the interest of both owners - a fatal mistake which the Court held prevented the caveat...
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Sama Zaraah v 888 Projects [2007] NSWSC 1041
31 August 2007
The case concerned an order to extend the operation of a caveat over prospective lots in a proposed subdivision of Torrens Title land until further orders were made by the Court. The caveat asserted that the estate or interest in the land was of an...
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Raptis v Wija Investments Development [2007] NSWSC 870
27 July 2007
The case concerned an application to extend a caveat. What the Court had to consider was whether the phrase “equitable interest” sufficiently described the interest claimed. The Court held that a description of the estate or interest in land merely...
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Choy v Hoang [2007] NSWSC 390
28 March 2007
The case concerned caveats against dealings under the Torrens title system. An issue for consideration was whether a mere claim of an “equitable interest” in a caveat adequately specifies the interest claimed. Relying on Warden v Mortgage House No....
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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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FTFS Holdings v Business Acquisitions Australia [2006] NSWSC 846
14 August 2006
The Plaintiff sought an order under s.74MA of the Real Property Act 1900 (NSW) for the removal of a caveat lodged by the Defendant over the Plaintiff's property. The Plaintiff argued that leave of the Court to file the subject caveat was required under...
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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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Hanson Construction Materials v Vimwise Civil Engineering [2005] NSWSC 880
25 August 2005
The case concerned an application to remove two caveats. The application for the removal of caveats was challenged on two bases.
Firstly, it was alleged that the charge that was created over the land was in substance a floating charge which, it was...
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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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Di Francesco v Magi Astrologer Priest Religion [2004] NSWSC 678
22 July 2004
The case concerned an application under s 74MA of the Real Property Act 1900 for the withdrawal of a caveat. The estate or interest may be understood to be a half share in the fee simple in the property previously held by the second Defendant and...
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Deabel v V'Landys [2002] NSWSC 438
21 May 2002
The Plaintiff sought leave to amend a caveat which she has lodged against the title to the Defendant’s and an order extending the operation of the caveat until further order. The Plaintiff and the Defendant had an intimate de facto sexual...
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Windella (NSW) v Ronald James Hughes [1999] NSWSC 1129
18 November 1999
In this case the Defendants contested the continuance of the Plaintiff’s two caveats. According to the Defendants, the caveats failed, beyond any possible remediation under s74L of the Real Property Act 1900 (NSW), to specify any estate or...
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Hanover Investments v Registrar General [1999] NSWSC 21
27 January 1999
The case was concerned with the issue of whether a second caveat was in respect of the same interest as the first caveat. The Court referred to Section 74O of the Real Property Act 1900 which provides, that where a caveat lapses any further caveat by...
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