Ageist Pty Ltd v More Than Skin Pty Ltd (No 2) [2020] NSWSC 1176

Supreme Court New South Wales

Medium Neutral Citation: Ageist Pty Ltd v More Than Skin Pty Ltd (No 2) [2020] NSWSC 1176 Hearing dates: 28 August 2020 Decision date: 31 August 2020 Jurisdiction: Equity Before: Robb J Decision: See par [48]. Parties should respond to these reasons by providing agreed short minutes of order to my Associate by email within two days. Catchwords: LAND LAW — Caveats — Removal of caveat — Removal by order of Court — where the principal judgment requested the parties to determine whether a valuable undertaking as to damages could be proffered — where the parties were in dispute as to the course the Court should take — where the short minutes of order provided must be refined to reflect the circumstances — where equity will act to preserve value when that can be done — chance given, on condition, to sell property at the proposed higher amount Legislation Cited: National Consumer Credit Protection Act 2009 (Cth) Real Property Act 1900 (NSW) Cases Cited: Ageist Pty Ltd v More Than Skin Pty Ltd [2020] NSWSC 1117 Category: Procedural and other rulings Parties: Ageist Pty Ltd (plaintiff) More Than Skin Pty Ltd (first defendant) Steven Murabito (second defendant) Little Town Pty Ltd (third defendant) Representation: Counsel: A Martin (plaintiff) D Carbone (sol) (first defendant) H Stowe (second defendant) J Pope (sol) (third defendant)

Solicitors: Summer Lawyers (plaintiff) Sydney Law Practice (first defendant) Woods Lawyers (second defendant) Pope & Spinks (third defendant) File Number(s): 2020 / 158209