GR Capital Group Pty Ltd (Receivers and Managers Appointed) (subject to Deed of Company Arrangement) v Yan [2020] NSWSC 911

Supreme Court New South Wales

Medium Neutral Citation: GR Capital Group Pty Ltd (Receivers and Managers Appointed) (subject to Deed of Company Arrangement) v Yan [2020] NSWSC 911 Hearing dates: 6 July 2020 Date of orders: 16 July 2020 Decision date: 16 July 2020 Jurisdiction: Equity - Real Property List Before: Robb J Decision: See par [167]. Catchwords: LAND LAW — Caveats — Removal of caveat — Withdrawal of caveat by caveator — where there are uncertainties involved in determining the effect of the relevant agreements — where, noting the probable indefeasibility of a registered mortgage, a sufficiently serious question to be tried has not been established — where, in the circumstances, the balance of convenience is in favour of an unconditional order for the withdrawal of the caveat LAND LAW — Caveats — Caveatable interest —where mortgage duty was not paid in respect of the relevant agreements or the caveat — where the failure to attend to the requirements of s 227 of the Duties Act 1997 (NSW) means that the caveat should be withdrawn Legislation Cited: Duties Act 1997 (NSW) Real Property Act 1900 (NSW) Real Property Regulation 2019 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Almona Pty Ltd v Parklea Corporation Pty Ltd [2019] NSWSC 1868 Bahr v Nicolay (No 2) (1988) 164 CLR 604; [1988] HCA 16 Boral Recycling v Wake [2009] NSWSC 712 Cambridge Credit Corporation Ltd v Lombard Australia Ltd (1977) 136 CLR 608; [1977] HCA 29 Complex Scaffolding Solutions Pty Ltd v Abraham Doueihi [2014] NSWSC 230 Handevel Pty Ltd v Comptroller of Stamps (Victoria) (1985) 157 CLR 177; [1985] HCA 73 Hanson Construction Materials Pty Ltd v Roberts (2016) 93 NSWLR 1; [2016] NSWCA 240 Hanson Construction Materials Pty Ltd v Vimwise Civil Engineering Pty Ltd [2005] NSWSC 880 In the matters of Beechworth Land Estates Pty Ltd (administrators appointed) and Griffith Estates Pty Ltd (administrators appointed) (No 2) [2015] NSWSC 336 Meshumar v Otmy [2018] NSWSC 125 Santley v Wilde [1899] 2 Ch D 474 Xinfeng Australia International Investment Pty Ltd v GR Capital Group Pty Ltd [2019] NSWSC 1547 Category: Principal judgment Parties: GR Capital Group Pty Ltd (Receivers and Managers Appointed) (Subject to Deed of Company Arrangement) (plaintiff) Jianhua Yan (first defendant) Ching Wah Uy (second defendant) Representation: Counsel: J Knackstredt (plaintiff) A Martin (second defendant)