NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Oxygen Funding Solutions Pty Ltd and Ors v Dick-Telfar and Anor [2020] NSWSC 1154 Hearing dates: 18 and 21 August 2020 Date of orders: 18 and 21 August 2020 Decision date: 28 August 2020 Jurisdiction: Common Law Before: N Adams J Decision: See [2] and [3] Catchwords: REAL PROPERTY – caveats – removal of caveats – previous possession proceedings after mortgage default – caveats lodged by defaultors and family members – requirement for a caveatable interest – balance of convenience Legislation Cited: Real Property Act 1900 (NSW), s 74H(5)(g), s 74MA, s 74 P Cases Cited: Bayblu Holdings Pty Limited v Capital Finance Australia Limited [2011] NSWCA 39 Catalyst Provisional Lending Pty Limited and Ors v Dick-Telfar and Anor [2020] NSWSC 79 Catalyst Provisional Lending Pty Ltd v Dick-Telfar [2020] NSWSC 324. Hanson Construction Materials v Vimwise Civil Engineering (2006) NSW ConvR 56-137; [2005] NSWSC 880 Oxygen Funding Solutions Pty Ltd v Dick-Telfar [2020] NSWSC 582 Sinclair v Hope Investments Pty Ltd [1982] 2 NSWLR 87 Category: Procedural and other rulings Parties: Oxygen Funding Solutions Pty Ltd (First Plaintiff/Applicant) Catalyst Provisional Lending Pty Ltd (Second Plaintiff/Applicant) John Ramsay (Third Plaintiff/Applicant)
First Notice of Motion
Robert William James Dick-Telfar (First Defendant) (Self-Represented) Kristin Lorna Cashman Venae-Telfar (Second Defendant) (Self-Represented)
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