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Taleb v National Australia Bank [2011] NSWSC 1562
15 December 2011
The two parties to this litigation were cheated by a dead fraudster into lending money to his company on the basis that they would receive a mortgage or charge over the same property. The fraudster was in the pawn broking business. The first lender, an...
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Taylor Property Group v Permanent Trustees Australia [2011] NSWSC 318
12 April 2011
The administrator lodged a caveat for his fees. The lender wanted it removed so he could sell the property. The lender offered the administrator $20,000 to go away but it was refused.
The law is that the caveator bears the onus of showing that it has...
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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...
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Zeaiter v Reliance Financial Services [2006] NSWSC 1471
26 October 2006
This case concerned an application by the Plaintiff for the withdrawal of a caveat lodged by the Defendant. However, the Court noted that the caveator did embody a seriously arguable case that they had a caveatable interest. Therefore considerations...
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Nick Kardiasmenos v Pioneer Management [2005] NSWSC 770
20 July 2005
In this case the Plaintiff provided all the money for purchase of land for a development project at Ambervale. Title in the townhouses and villas which were to be developed on the land were to be vested in the 1st Defendant. Ultimately the project...
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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...
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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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