Varcity Solutions Pty Ltd v Gulliver; Varcity Solutions Pty Ltd v Jagbo Pty Ltd [2020] NSWSC 1517

Supreme Court New South Wales

Medium Neutral Citation: Varcity Solutions Pty Ltd v Gulliver; Varcity Solutions Pty Ltd v Jagbo Pty Ltd [2020] NSWSC 1517 Hearing dates: 16 October 2020 Date of orders: 30 October 2020 Decision date: 30 October 2020 Jurisdiction: Equity - Real Property List Before: Robb J Decision: See pars [104] and [106]. Catchwords: LAND LAW — Caveats — Removal of caveat — Removal by order of court — where the plaintiffs have not demonstrated any real likelihood of establishing the interest in the property that they claim — where, in those circumstances, significant weight is to be given to the proposition that a registered proprietor is entitled have title free from any blot that interferes with rights to use the property in any legally permissible way — order for removal of caveat made Legislation Cited: Real Property Act 1900 (NSW) Cases Cited: Andrews v Wilcox [2008] NSWSC 280 Capital Securities XVII Pty Ltd v Anna's Garden Pty Ltd [2019] NSWSC 1256 Peters v Lithgow Forge Pty Ltd [2010] NSWSC 283 Shepherd v Doolan [2005] NSWSC 42 Category: Consequential orders (other than Costs) Parties: 2019 / 85939

Varcity Solutions Pty Ltd (first plaintiff) Paidonexchange Pty Ltd (second plaintiff) Jennifer Adriana Gulliver (defendant)

2019 / 67547

Varcity Solutions Pty Ltd (first plaintiff) Paidonexchange Pty Ltd (second plaintiff) Jagbo Pty Ltd (first defendant) Raymond John Gulliver (second defendant) Jennifer Adriana Gulliver (third defendant) Representation: Counsel: J Polese (plaintiffs in both proceedings) G Bateman (defendant in 2019 / 85939 and third defendant in 2019 / 67547)