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s74O Real Property Act

  • De Meyrick v Dimitriou [2011] NSWSC 1291

    18 October 2011
    A client granted a mortgage to her barrister to secure all monies now or at any time owing to the barrister in respect of legal work carried out by the barrister. The barrister lodged a caveat claiming interest as an unregistered mortgagee. The caveat...
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  • 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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  • 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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  • Meng v Pan [2006] NSWSC 774

    28 July 2008
    The Plaintiff lodged a caveat in respect of land owned by the company in which he was a 50 per cent shareholder. The caveat subsequently lapsed. The Plaintiff sought to lodge a further caveat. The Registrar-General gave notice that a further caveat was...
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  • Nittis v Nittis [2007] NSWSC 1407

     01 November 2007
    These were proceedings for the withdrawal of a caveat. The property was the subject of a contract of sale with settlement booked for the day after the proceedings. The Defendant submitted that there was a bitter matrimonial dispute between the...
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  • Raptis v Wija Investments Development (No. 2) [2007] NSWSC 1012

     05 September 2007
    The case concerned final relief by way of leave to lodge a further caveat under s74O of the Real Property Act 1900. Wija didn’t oppose such an order being made. However, Wija did indicate that such relief isn’t usually granted unless an undertaking...
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  • Surfers Paradise Coaches (Qld) v Tsu Chan Lin [2007] NSWSC 475

    03 May 2007
    The case concerned an application to extend a caveat or, alternatively, for an order pursuant to s 74O of the Real Property Act 1900 (NSW) that the Plaintiff have leave to lodge further caveats. The caveatable interest was pursuant to a deed of...
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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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  • Oceanview Group Holdings v Anastazija Balaz [2006] NSWSC 1469

    20 December 2006
    The Plaintiff lodged a caveat claiming an equitable interest by way of a constructive trust in land of which the first Defendant was the registered proprietor. The constructive trust was said to arise from the Defendants’ use in whole, or in part, of...
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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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  • Buchanan v Crown & Gleeson Business Finance [2006] NSWSC 1465

     31 October 2006
    The Plaintiff registered proprietor sought the withdrawal of the Defendant’s caveat to permit her to discharge her mortgage to the first mortgagee and register a replacement mortgage to another entity. However, the Defendant refused to withdraw their...
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  • Thomas v McKean [2006] NSWSC 1207

     27 October 2006
    This case was an application for leave to lodge a further caveat pursuant to Real Property Act 1900 (NSW), s 74O. An earlier caveat had been lodged by the Plaintiff in respect of the subject land but it had lapsed as a result of service of a lapsing...
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  • Biseja v NSI Goup [2006] NSWSC 1331

     22 September 2006
    The applicant sought an order pursuant to Real Property Act 1900 (NSW), s 74MA, that the respondent withdraw three caveats lodged in respect of three lots in a Strata Plan which related to a development of land of which the applicant the registered...
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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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  • 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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  • 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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  • 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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  • 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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  • 21 Million v Clarence Street [2003] NSWSC 1178

    10 December 2003
    The case concerned an application for leave to file a reformulated caveat. The reformulated caveat in respect of which the leave was sought identifies the nature of the claimed estate or interest in the land as a "15 percent equitable interest” by...
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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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  • Xcel Rural Properties v South Creek Dairy [2002] NSWSC 139

     25 February 2002
    The case concerned an application for leave to lodge another caveat under s 74O Real Property Act 1900 to replace a caveat which had expired. The Court indicated that the circumstances that give rise to an application under section 74O to lodge a...
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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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  • 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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  • Valerica v Global Minerals [2000] NSWSC 1144

     08 December 2000
    The caveatable interest claimed in this case was that of an equitable chargee over the interest of an unregistered transferee in the land which had been transferred to a third party (Global) by fraud. The Court had to consider whether the interest of a...
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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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