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Extension of caveats (including s74K Real Property Act)

  • Break Fast Investments v C & O Voukidis [2011] NSWSC 871

     15 August 2011
    A caveator lodged a caveat which described the interest claimed as arising from contributions to the purchase price of properties and the facts supporting the interest as other associated payments. The resulting trust argument arising from...
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  • Bayblu Holdings v Capital Finance Australia [2011] NSWCA 39

     25 February 2011
    The borrower lodged a caveat to prevent the sale of the property by the mortgagee which it claimed to be at undervalue. The lender sought a withdrawal of caveat. The Judge found for the lender and the borrower appealed.  Insufficient sale proceeds to...
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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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  • Waco Kwikform v Jabbour [2010] NSWSC 1379

     15 November 2010
    The facts October 2008Waco Kwikform Ltd (Waco) supplied goods to Jabcorp Pty Ltd (Jabcorp). A director of Jabcorp, guaranteed its obligations in the following terms: I unconditionally and irrevocably guarantee payment to Waco of all moneys now or...
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  • Eric Bernard Bastian v Nellie Francis Haydon [2010] NSWSC 1267

     26 October 2010
    This case involved an application to extend the operation of caveat after a notice of lapsing of caveat had been served on Mr. Bastian. Mr. Bastian had filed a caveat over the subject property claiming as the nature of the estate or interest in the...
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  • Mango Media v Velingos [2008] NSWSC 202

     06 March 2008
    In this case Mango Media lodged a caveat to protect its fees for a loan that did not proceed. The caveat was lapsed and Mango Media made an application to the court to extend the operation of the caveat. However in the meantime the borrower had become...
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  • Country Law Services v Duff [2007] NSWSC 1509

     12 December 2007
    In this case a solicitor loaned money to a client to pay a judgement debt. The loan was secured by a mortgage but the last two pages of the mortgage were not signed so the mortgage was rejected for registration and a caveat was lodged instead. The...
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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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  • 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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  • Maryska v Mason [2007] NSWSC 169

     02 March 2007
    This case concerned an application for the extension of a caveat. The land was bought by the Defendant’s ex wife who allowed the mother-in-law to reside on the property. The property was transferred to the Defendant in 2001 in the course of property...
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  • Michael John Smith trading as Michael Smith Constructions v Avibe [2006] NSWSC 1402

     08 December 2006
    This was an application to extend the caveat put on by a builder against a proprietor of a property. The Plaintiff and the Defendants entered into a contract in October 2004 for the construction of four residences. The contract was subject to the Home...
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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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  • Circuit Finance Australia v Bessounian [2006] NSWSC 1190

     09 November 2006
    The Plaintiff claimed an estate or interest in the Defendant’s property pursuant to the charging clause contained on a lease agreement between the Plaintiff and Defendant. The Plaintiff sought an order under s74K(2) of the Real Property Act 1900...
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  • Zhang v Wang [2006] NSWSC 1196

    27 October 2006
    The Plaintiff claimed an order extending the operation of a caveat lodged in respect of property which the registered proprietor was the Defendant. The caveat claimed an interest as "debt", pursuant to agreements between the registered proprietor and...
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  • Gippsreal v Garner Transport & Haulage [2006] NSWSC 1229

    26 October 2006
    This case concerned an application to extend the operation of a caveat. The interest claimed was pursuant to an obligation in a mortgage. However the mortgage had already been discharged. Therefore, the Court held that there was no seriously arguable...
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  • Agmon Investments v Inglis [2006] NSWSC 932

    11 September 2006
    The Plaintiff sought the extension of a caveat pursuant to s.74K Real Property Act 1900 (NSW). The application was opposed on the ground that the Plaintiff had no caveatable interest. Counsel for the Defendant indicated that in an application to extend...
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  • Business Acquisitions Aust v FTFS Holdings [2006] NSWSC 977

    06 September 2006
    The Defendant sought an order under s.74NA of the Real Property Act 1900 (NSW) for the removal of the Plaintiff’s caveat. This application failed. The Defendant then lodged a lapsing notice in respect of that caveat. What the Court had to consider...
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  • Kell & Rigby v Flurrie [2006] NSWSC 906

     06 September 2006
    The Defendant contracted the Plaintiff to provide construction management services in connection with the construction of a mixed residential/commercial building on the properties. The contract was amended to include a provision which purported 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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  • 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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  • 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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  • Lakeside Resort Development v Sunwoo [2006] NSWSC 545

     26 May 2006
    This case concerned an application under s 74K of the Real Property Act 1900 (NSW) for an order extending until further order of the Court the operation of caveat. Evidence indicated that the second Defendant held the land on trust for the Plaintiff....
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  • Barbara Anne Graham v Aluma-Lite Products [2006] NSWSC 476

    24 May 2006
    The Plaintiff sought an order that the operation of a caveat be extended until further order. The Plaintiff also sought an order to restrain the Registrar-General of New South Wales, the second Defendant, from registering any dealing in respect of the...
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  • Guardian Loans v Papadopoulos [2006] NSWSC 479

     19 May 2006
    The case concerned a caveat against a dealing on land under the Torrens system.  A difficulty in the case was the fact that the Notice of hearing had not been given to the registered proprietors. According to  s 74K(3) of the Real Property Act 1900,...
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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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  • Everbow v Goodwin [2006] NSWSC 360

     26 April 2006
    The Plaintiffs as trustees for the West Family Trust, lodged a caveat over land in which the Defendant was the registered proprietor. A mortgagee sale was to occur and, preparatory to the settlement of that sale, the Plaintiffs, together with all other...
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  • Babies Galore v Kelso Builders Supplies [2006] NSWSC 353

     20 April 2006
    In this case the Plaintiff exercised its option for the renewal of a lease and lodged a caveat to protect its rights and interests under that lease. The present proceedings involved an application by the Plaintiff for an order to extend the operation...
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  • Milstern Retirement Services v The Owners Strata Plan No 22521 [2006] NSWSC 301

     11 April 2006
    This case concerned an application for the extension of a caveat. The Plaintiff was the developer of a retirement village known as the Bayside Park Retirement Village. The caveat which the Plaintiff sought to have extended was one which it placed on...
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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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  • 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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  • Padkohe v Fletcher [2006] NSWSC 20

     30 January 2006
    This was an ex parte application to extend a caveat. The Court had regard to Section 74K Real Property Act 1900 which forbids the Court from hearing an application to extend the caveat unless it is satisfied that all interested parties disclosed by the...
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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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  • Moon v Wyniard [2006] NSWSC 451

     05 January 2006
    This was an application to extend a caveat. There was a Contract for the sale of land in the name of the daughter of Plaintiffs as purchaser. The name of the purchaser had been altered by the secretary in the Defendants' solicitors' office at the...
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  • Telsa Nominees v Bingi [2005] NSWSC 1323

     21 December 2005
    The Plaintiff sought an order pursuant to section 74K of the Real Property Act 1900 extending a caveat. Pursuant to subs 74K(3) of the Real Property Act, the Court may not hear an application under subs 74K(1) for an order extending the operation of a...
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  • Integrated Lending v Lion International Holdings [2005] NSWSC 1268

     29 November 2005
    The case concerned an application by a company for an order extending a caveat placed on the Defendant's title. The circumstances of the case were that the Plaintiff loaned money to the Defendant at high rate of interest with the Loan being secured by...
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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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  • Redman Constructionv Tarnap [2005] NSWSC 1011

    07 October 2005
    The case is concerned with land title under the Torrens System. The Court considered whether leave lodging a caveat which claims the same interest as a previous caveat can be granted retrospectively. In determining this question, regard was had to...
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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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  • Circuit Finance P/L v Crown & Gleeson Securities P/L [2005] NSWSC 997

    01 September 2005
    The case concerned the adequacy of a caveat which claimed merely an "equitable interest". The provisions in Part 7A of the Real Property Act 1900 and Real Property Regulation 2003 indicate that the characterization and description of the nature of an...
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  • Gerar Sleiman v Paulette Afeich [2005] NSWSC 900

     30 August 2005
    The case considered the test to be applied when granting an application to extend a caveat. The Court stated that on an application for an extension of a caveat, considerations analogous to those which apply to an application for an interlocutory...
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  • Lee v Song [2005] NSWSC 698

     25 July 2005
    The central question in this case was whether a caveat should be extended in circumstances where a registered proprietor alleges that an extension would be futile as the caveators would get nothing from the sale. The Court indicated that a person...
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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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  • McKeand v Thomas [2005] NSWSC 419

     19 April 2005
    The case concerned an application to extend a caveat lodged against the title to the First Defendant’s land. The Plaintiffs lodged a caveat against the Defendants' land claiming an interest in that land pursuant to an oral agreement for the grant of...
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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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  • Grima v Grima [2005] NSWSC 180

     10 February 2005
    The case concerned an application to extend a caveat against dealing on land titles under the Torrens system. The Plaintiff is the daughter of the Defendants and claimed to have a beneficial estate in fee simple. The Plaintiff claimed the estate or...
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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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  • Business Australia Capital Mortgage v Randwick Nominees [2004] NSWSC 643

    14 July 2004
    The case concerned an application under s 74K of the Real Property Act 1900 to extend the operation of a caveat. The caveat lodged by the second mortgagee purported to restrict the first mortgagee’s rights. The Court referred to Dunecar Pty Ltd v...
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  • Jones (Trustee in Bankruptcy of the estate of Tony Daniel) v Daniel [2004] NSWSC 517

     16 June 2004
    This case was an application to extend the operation of caveat until further order of the Court. The Plaintiff as caveator had had their interest denied by the Federal Court. The Court held that full faith and credit must be afforded to the Federal...
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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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  • Pyoja v 284 Bronte Road Developments [2003] NSWSC 818

    27 August 2003
    The case concerned an application for the extension of a caveat which was brought on the last day before which the existing caveat would lapse. The Court had regard to the decision of Malouf v O'Donohoe [2001] NSWSC 335 where it was held that there is...
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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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  • Renascent v ASEL [2002] NSWSC 345

     17 April 2002
    The Plaintiff sought an order under s.74K of the Real Property Act extending until the further order of the Court the operation of caveat. The issue for consideration was the effect of the willingness of the Defendant to give substitute security by way...
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  • Jones v Baker [2002] NSWSC 89

     12 February 2002
    The Plaintiff sought to extend a caveat which was placed upon the Defendant’s title to property at Kurrajong. The Plaintiff also sought a declaration that he had an equitable interest in that property by virtue of an oral agreement. The Plaintiff was...
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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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  • Kang v Kwan [2001] NSWSC 624

     13 July 2001
    The case concerned an application by the Plaintiff to extend the operation of a caveat in relation to property belonging to the First Defendant. As the Plaintiff failed at the threshold in establishing a caveatable interest in the subject property, the...
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  • Watts v Brooks [2001] NSWSC 423

     18 May 2001
    In this case the Plaintiffs sought an order under s.74K of the Real Property Act extending the operation of a caveat. The difficulty they faced was that, because of the explicit provisions of s.74K(3), the Court may not even hear their application...
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  • Parnell v Cummins [2001] NSWSC 430

     03 May 2001
    The case concerned an application by the Plaintiff to extend a caveat over the Plaintiff's share in land as tenant in common in equal shares. The evidence showed that the Plaintiff is the holder of the fee simple in that land as tenant in common in...
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  • Malouf v O'Donohoe [2001] NSWSC 335

     27 April 2001
    The case concerned an ex parte application made under section 74K of the Real Property Act 1900 to extend a caveat. The Court indicated that the Real Property Act requires that no ex parte application to extend a caveat be entertained unless the Court...
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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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  • Wonderland Business Park v. Hartford Lane [2001] NSWSC 86

     23 February 2001
    The case concerned an application for extension of a caveat. The lapsing notice was received by the solicitors for the Plaintiffs on 2nd February 2001. The application was brought on the day when the caveat was due to expire. The reasons for the delay...
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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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  • 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....
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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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