CB Cuckoo Pty Ltd v Kyriacou [2021] NSWSC 991

Supreme Court New South Wales

Medium Neutral Citation: CB Cuckoo Pty Ltd v Kyriacou [2021] NSWSC 991 Hearing dates: 2 August 2021 Decision date: 02 August 2021 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Order pursuant to s 74MA of the Real Property Act 1900 (NSW) that the defendant withdraw Caveat AR140801 forthwith. 2. Order pursuant to s 74MA of the Real Property Act 1900 (NSW) that the defendant withdraw Caveat AR140802 forthwith. 3. Order that these orders be entered forthwith. 4. Order that the Defendant pay the plaintiff's costs of the amended summons. 5. Amended Summons otherwise be dismissed. 6. Note: Undertaking to the Court by the plaintiffs not to deal with either of the properties referred to in Orders 1 and 2 for a period of 7 days (the terms of which undertaking are to be reduced to writing and forwarded to the Court and the defendants as soon as practicable). Catchwords: LAND LAW — Caveats — Removal of caveat — Removal by order of court — Whether serious question to be tried Legislation Cited: Real Property Act 1900 (NSW), ss 74MA, 74F Real Property Regulation 2019 (NSW), Sch 2 Cases Cited: El-Sayed v El Hawach (2015) 88 NSWLR 214; [2015] NSWCA 26 Lew v Bluescope Distribution Pty Ltd [2010] NSWSC 794 Mayrin DM Pty Ltd v Deng (2019) 19 BPR 39,841; [2019] NSWSC 1552 Mercanti v Mercanti (2016) 340 ALR 290; [2016] WASCA 495 Ramage v Waclaw (1988) 12 NSWLR 84 Ruhe v Patel [2015] ACTSC 169 Szoda v NSW Trustee and Guardian (2012) 17 BPR 32,223; [2012] NSWSC 194 TAL Life Ltd v Shuetrim (2016) 91 NSWLR 439; [2016] NSWCA 68 Category: Principal judgment Parties: CB Cuckoo Pty Ltd (First Plaintiff) Somersby Aust Pty Ltd (Second Plaintiff) George Kyriacou (Defendant) Representation: Counsel: M Ashhurst SC with M Dolenec (First and Second Plaintiffs) M Condon SC with J Simpkins (Defendant)