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Peters v Lithgow Forge [2011] NSWSC 1185
10 October 2011
A solicitor obtained judgment for legal fees against a former client. The former client moved back to the USA and the only property of value in Australia is real property in the name of his company. The solicitor lodged a caveat and seeks a court...
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Provident Capital v Agusta [2011] NSWSC 258
01 April 2011
A former trustee transferred trust property, in respect of which its creditor had lodged a writ to secure a judgment debt, to a new trustee. Before the transfer took place, the writ lapsed and the new trustee became the registered proprietor of the...
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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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Sundance Land Holdings P/L v Lacemore Banner P/L [2007] NSWSC 1285
30 October 2007
Three parties entered into heads of agreement under which they would be tenants in common of land purchased in the name of the Plaintiff (Sundance). The registered proprietor sought the removal of the caveat on the grounds that it was going to offer...
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Girgis v Permanent Custodians [2007] NSWSC 1025
06 September 2007
The registered proprietor Mr Girgis made an application to extend a caveat after Perpetual Custodians (mortgagee) sold the land by auction. Mr Girgis alleged that Perpetual Custodians had over-valued the land and that the mortgage should be set aside...
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Cellnet Group v Grigg [2006] NSWSC 1423
12 December 2006
The case concerned an application under section 74 O of the Real Property Act 1900 to allow a second caveat to be filed. The Court indicated that the purpose of s74O is to make sure that vexatious caveats are not lodged and not to block proper caveats...
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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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McGrath v McGrath [2006] NSWSC 736
20 July 2006
The First Defendant lodged a caveat, the Plaintiff was the registered proprietor. The lodgement of that caveat was notified to the Defendants on 4 August 2005. On 5 August 2005 the Plaintiff lodged a lapsing notice. On 5 September 2005 the Plaintiff...
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Jones v McQuilkin [2006] NSWSC 628
16 June 2006
The parties in this case were in a de facto relationship and decided to purchase and renovate a house as a joint venture. It was decided between the parties that the property should be acquired in the name of the Defendant. The Plaintiff was a builder...
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Hutchison v Turnbull [2006] NSWSC 686
07 April 2006
The case concerned an application to extend a caveat. The Plaintiff and the Defendant were in a relationship which lasted for approximately two and a half years. The Defendant was advised that the Plaintiff intended to sell the property, and the...
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(1) Thompson v White (2) White v Thompson [2006] NSWSC 110
02 March 2006
The Court had to determine two questions in this case. Firstly, whether the caveator had showed a prima facie claim to an interest in property. The Court indicated that the first Defendant was shown by the declarations to have been in a position in...
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Wood v Crow [2005] NSWSC 983
23 September 2005
The central issue in this case was the statements made by the Plaintiff to the official receiver when, after the Defendant was made bankrupt, the official receiver inquired as to the sale of her home to the Defendant. The Court considered whether any...
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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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Hill v Hill [2004] NSWSC 1205
29 November 2004
The registered proprietor sought an order for the removal of a caveat under s.74MA Real Property Act 1900. There was a contest between the parties whether, and to what extent, if any, the Defendant had an interest in the subject property. The Defendant...
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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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Ford v Birt [1999] NSWSC 238
17 May 1999
The case concerned an application for the extension of a caveat which expired on the date of the hearing. Counsel for the Defendant indicated numerous substantial difficulties in the existing caveat. For instance, the caveat failed to define the 100...
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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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