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Injunctions

  • 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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  • Rolico v Quen Jen Fu [2005] NSWSC 683

    01 July 2005
    The case concerned an application for an injunction preventing the Defendant from entering into any contract for sale or the granting of any option over the property. The Plaintiff claims an interest in the land pursuant to an alleged agreement between...
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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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  • Express Loans and Finance v Hunter [2004] NSWSC 142

    03 March 2004
    In this case the Plaintiff sought: first, an order granting leave pursuant to section 74O(2)(a) of the Real Property Act 1900 to lodge a caveat over land; alternatively, to make an injunction restraining the Registrar General from registering any...
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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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