Federal Court of Australia
CATCHWORDS
VENDOR AND PURCHASER - contract for sale of land - transfer - purchase price not paid in full - vendor's lien as to unpaid balance - action for recovery of balance - caveat protecting lien
- whether election between action under contract and caveat necessarv.
REAL PROPERTY - caveat - whether sufficiently identifving interest to be protected.
PRACTICE AND PROCEDURE - security for costs - matter raised on appeal - no evidence of finances of parties.
PRACTICE AND PROCEDUPE - undertaking as to damages - matter raised on appeal - s.108 Real Property Ordinance 1925 (A.C.T.).
Real Property Ordinance 1925 (A.C.T.) ss.104(2),108.
Sargent v. A.S.L. Developments Ltd. (1974) 131 C.L.R. 634 Hewett v. Court (1983) 149 C.L.R. 639 Wing v. Tottenham and Hampstead Junction Railwav Co. (1868) 3 Ch.App.740 Munns v. Isle of Wight Railway Ca. (1870) 5 Ch. App.414 Lycett v. Stafford and Uttoxeter Railway Co. (1872) 13 Eq.2461
SHARON ANN MIHALTIC v PAUL MIHALIC and ANA MIHALIC
NO. A.C.T. G44 OF 1986
Coram: Fox, Kelly and Neaves JJ. 25 March 1987
Canberra
IN_THE FEDERAL COURT OF AUSTRALTA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY GENERAL DIVISION
No. A.C.T. G44 of 1986
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ON APPEAL from the Supreme Court of the Australian Capital Territory
BETWEEN :
SHARON ANN MIHALIC Administratrix ad Litem of the
Estate of Frank Mihalic (Deceased)
Appellant and Cross-Respondent AND:
PAUL MIHALIC and ANA MIHALIC
Respondents and Cross-Appellants
MINUTE OF ORDER
JUDGES MAKING ORDER: Fox, DATE OF ORDER: WHERE MADE:
THE COURT ORDERS THAT:
Kelly and Neaves JJ.
25 March 1987
Canberra.
1. The appeal be allowed with costs.
2. The order of the Supreme Court of the Australian Capital Territory herein dated 24 June 1986 be set aside, and in
lieu thereof, the
application for removal of the caveaz be dismissed with costs.
3. The cross-appeal be dismissed with costs.
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