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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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Ollis v Melissari [2006] NSWSC 329
21 April 2006
The land in question is one on which the Plaintiff himself has placed a caveat claiming an interest as registered proprietor. The Second Defendant acquired money from various other people to enable him to purchase the land. In the present application,...
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The Uniting Church (NSW) Trust Association v Hill [2005] NSWSC 665
05 July 2005
The case concerned an application under section 74MA of the Real Property Act 1900 for the removal of a caveat. The Court indicated that whether a caveat should be ordered to be removed depends upon, at the time the Court comes to consider the...
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Ruxan v Peachme [2004] NSWSC 1221
13 December 2004
The case concerned an application under section 74MA of the Real Property Act 1900 for an order that a caveat on two lots of land be withdrawn. The Plaintiff has now entered into a contract to sell the land to another party. That contract was due to...
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Makucha v Nothintoohard [2004] NSWSC 1038
04 November 2004
The Plaintiff sought a declaration that the notice to caveator of proposed lapsing of caveat had not been served in accordance with the provision of the Real Property Act. The central issue in this case was whether a properly addressed lapsing notice...
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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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