National Australia Bank Ltd v Sayed [2020] NSWSC 1002

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank Ltd v Sayed [2020] NSWSC 1002 Hearing dates: 30 July 2020 Decision date: 30 July 2020 Jurisdiction: Equity Before: Ward CJ in Eq Decision: (1) Pursuant to s 74MA of the Real Property Act 1900 (NSW), the defendant, Bill Sayed (a.k.a. Bilal Sayed), withdraw the caveat having dealing number AQ234105C lodged on the land contained in folio identifier 3/DP1017140 and located at 25 Gahans Lane, Woonona 2517 by 10am on Friday, 31 July 2020. (2) The defendant is to pay the plaintiff's costs of these proceedings. (3) The plaintiff's costs are to be assessed on an indemnity basis. Catchwords: LAND LAW — Caveats — Caveatable interest — What constitutes a caveatable interest — Interest described as an "equitable interest" Legislation Cited: Real Property Act 1900 (NSW) ss 74L, 74MA Cases Cited: Bellissimo v JCL Investments Pty Ltd [2009] NSWSC 1260 Day v Munday [2019] NSWSC 452 Hanson Construction Materials v Vimwise Civil Engineering [2005] NSWSC 880 Martin v Carlisle [2008] NSWSC 1276 National Australia Bank Limited v Sayed [2019] NSWSC 1164 National Australia Bank Limited v Sayed [2019] NSWSC 653 National Australia Bank Ltd v Sayed (No 4) [2015] NSWSC 420 Warden v Mortgage House No 1 Pty Ltd [2006] NSWSC 1462 Category: Principal judgment Parties: National Australia Bank Limited (Plaintiff) Bilal Sayed (Defendant) Representation: Counsel: G Lucarelli (Plaintiff) B Sayed (in person)