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Withdrawal of caveats (including ss74MA & 74M Real Property Act)

  • Permanent Mortgages v Fadale [2011] NSWSC 975

     31 August 2011
    An elderly couple leased a retirement village unit and their lease was never registered or consented to by the registered first mortgagee of the complex. The mortgagees sought possession. The couple lodged a caveat and sought to be joined as defendants...
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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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  • Bank of Queensland v Hoerman [2011] NSWSC 73

    22 February 2011
    The borrowers were eccentric. They resisted possession on the grounds that they had seceded from Australia and established an independent sovereign country which was not subject to the jurisdiction of the Court. The bank was granted judgment and...
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  • Capital Finance Australia v Bayblu Holdings [2011] NSWSC 24

    02 February 2011
    The Lender was owed $8 million and entered into a contract for sale of the security property for $2.5 million. The Borrower lodged a caveat over the property to prevent the sale claiming the property was worth $3 million. The Lender approached the...
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  • Andrews v Wilcox [2008] NSWSC 280

     17 March 2008
    Mrs Andrews loaned money to Mr Wilcox (but not Mrs Wilcox) on security of the Wilcox family home (owned jointly by Mrs and Mr Wilcox). A caveat was lodged over the interest of both owners - a fatal mistake which the Court held prevented the caveat...
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  • Pacific Blue Australia v Somalis [2008] NSWSC 16

     22 January 2008
    In this matter the Defendant lodged bad caveats which were lapsed. The Defendant then lodged further caveats equally bad on their face (claiming an equitable interest in the sale proceeds rather than the property) which the Plaintiff sought to remove...
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  • Sundance Land Holdings P/L v Lacemore Banner P/L [2007] NSWSC 1285

     30 October 2007
    Three parties entered into heads of agreement under which they would be tenants in common of land purchased in the name of the Plaintiff (Sundance). The registered proprietor sought the removal of the caveat on the grounds that it was going to offer...
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  • Hawke v ACN 117 688 356 [2007] NSWSC 1272

     24 October 2007
    The Defendant-Lender in these proceedings issued a letter of offer to the Plaintiff-Borrower to loan $1.3 million on mortgage security which was signed and returned. The letter of offer stipulated that if the Plaintiff did not proceed with the loan...
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  • Iaconis v Lazar [2007] NSWSC 1103

     05 October 2007
    The Plaintiffs sought interim orders pursuant to s 74MA of the Real Property Act 1900 that two caveats be withdrawn by the Defendants. Section 74MA provides that any person who claims to be entitled to an estate or interest in land described in a...
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  • Wehbe v Abboud [2007] NSWSC 548

     21 March 2007
    In the case the caveat claimed an “equitable interest” by virtue of “exchange contract of sale of the subject property dated 19 November 2006”. However, the caveat was lodged by a party, namely a vendor’s conveyancer, who was not a party to...
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  • Weinstock v Beck in the Estate of Weinstock [2007] NSWSC 193

     12 March 2007
    These proceedings arose on a motion that a caveat lodged by Mrs Beck against a grant cease to be in force. The caveator had asserted that the Plaintiff executors were not proper persons to take a grant of probate. The objections were based on...
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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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  • FTFS Holdings v Business Acquisitions Australia [2006] NSWSC 1337

     02 November 2006
    This case concerned a third attempt to procure the removal of a caveat. The Court had to consider whether this further attempt was an abuse of process. The Court highlighted that the previous attacks on the caveat had been in relation to the form of...
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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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  • 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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  • Leidreiter v Rae [2006] NSWSC 1043

     09 October 2006
    The case concerned an instance where the Plaintiff had failed to withdraw a caveat after undertaking to the Court to do so. The Defendant sought indemnity costs. The Court considered whether the events established "relevant delinquency" for granting...
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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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  • 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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  • Hanson Construction Materials v Vimwise Civil Engineering [2005] NSWSC 880

    25 August 2005
    The case concerned an application to remove two caveats. The application for the removal of caveats was challenged on two bases. Firstly, it was alleged that the charge that was created over the land was in substance a floating charge which, it was...
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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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  • 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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  • Hepler v Rosenblum [2005] NSWSC 179

    02 March 2005
    The case concerned an application for a caveat against dealings on land under the Torrens title system to be withdrawn. The interest which the caveat claims is an equitable charge over the properties. What the Court had to consider was whether serious...
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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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  • Hill v Hill [2004] NSWSC 1205

    29 November 2004
    The registered proprietor sought an order for the removal of a caveat under s.74MA Real Property Act 1900. There was a contest between the parties whether, and to what extent, if any, the Defendant had an interest in the subject property. The Defendant...
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  • Harvie v. Stevens [2004] NSWSC 1217

     26 November 2004
    In this case the Plaintiff sought an order under s.74MA of the Real Property Act to compel the Defendant to withdraw a caveat placed upon the title to certain property. The Defendant and the Plaintiff were formerly married but are now divorced. The...
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  • Di Francesco v Magi Astrologer Priest Religion [2004] NSWSC 678

     22 July 2004
    The case concerned an application under s 74MA of the Real Property Act 1900  for the withdrawal of a caveat. The estate or interest may be understood to be a half share in the fee simple in the property previously held by the second Defendant and...
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  • AJDJ v PacificWest Developments [2002] NSWSC 203

     25 February 2002
    The Defendant filed a notice of motion seeking that seven separate caveats lodged by the Plaintiff be withdrawn. However, the notice of motion was dismissed based on the fact that the Court was not convinced that the existence of the caveats obstructed...
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  • Tolhurst v Crickett [2001] NSWSC 1203

     14 December 2001
    The case concerned proceedings under s 74MA of the Real Property Act 1900 by the registered proprietors of a property that a caveat placed on their title be removed. The caveator was a company of which the registered proprietors were, officers and...
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  • Dunecar (In Liq) v Colbron [2001] NSWSC 1181

     11 December 2001
    The case concerned an application made by the Plaintiff by its liquidator to remove a caveat that had been placed on the title of the property under contract for sale by the Defendant. The caveat protects an interest the Defendant says that he has in...
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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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