Federal Court of Australia
Federal Court of Australia
3 Property Group 13 Pty Ltd (in liq) v 3 Property Group 17 Pty Ltd [2021] FCA 1158 File number: NSD 953 of 2021
Judgment of: HALLEY J
Date of judgment: 21 September 2021
Date of publication of reasons: 24 September 2021
Catchwords: CORPORATIONS – application to vacate order extending caveat until further order pursuant to s 107(2)(b) of the Land Titles Act 1925 (ACT) – continuation of caveat challenged on grounds of competing priorities – where serious question to be tried – whether balance of convenience favours extension of caveat – validity of third party security interest – strong prima facie case – no material delay – application dismissed
Legislation: Corporations Act 2001 (Cth) ss 588FB, 588FDA, 588FDB Land Titles Act 1925 (ACT) s 107
Cases cited: Ashby v Commonwealth and Another (No 3) (2012) 206 FCR 444; [2012] FCA 788 Crosby v Kelly (2012) 203 FCR 451; [2012] FCAFC 96 GR8 Constructions Pty Limited v Carol Ann O'Donnell & Ors [2011] ACTSC 92 Lewenberg and Pryles v Direct Acceptance Corporation Limited [1981] VR 344 Lo Pilato (Trustee) v Kamy Saeedi Lawyers Pty Ltd, in the matter of Adzic (Bankrupt) (2017) 249 FCR 69; [2017] FCA 34 National Australia Bank Ltd v M.C.M.C. Pty Ltd & Anor [2005] WASC 104 Navarac Pty Ltd v Moondancer Holdings Pty Ltd (2009) 40 WAR 150; [2009] WASCA 95 Ozem Kassem and Jason Tang as Liquidators of and agents for Amflo Holdings Pty Limited (in liquidation) ACN 002 001 649 v Crystal Car Wash Pty Ltd ACN 101 595 493 [2015] NSWSC 973 Stone Living Pty Ltd v 3 Property Group Pty Ltd [2020] ACTSC 149
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