Ageist Pty Ltd v Lilly (Lila) Stojcevski [2021] NSWSC 1105

Supreme Court New South Wales

Medium Neutral Citation: Ageist Pty Ltd v Lilly (Lila) Stojcevski [2021] NSWSC 1105 Hearing dates: 23 August 2021 Date of orders: 23 August 2021 Decision date: 23 August 2021 Jurisdiction: Equity Before: Rein J Decision: See [16], [18] and [19] Catchwords: LAND LAW — Caveats — Removal of caveat – Application to remove caveat over property under a contract of sale entered into on 11 December 2020, settlement having been delayed since February 2021 - several prior caveats lodged and claims made by the Defendants and related parties on and in respect of the property — the Court, on prior occasions, ordered that all caveats lodged by the Defendants (and other related parties, including the Defendants' mother) be removed — Plaintiff contends there is no serious question to be tried and no injunction would be granted to the caveators to preclude the sale and that the balance of convenience favours the removal of the caveat – where the property is subject to two registered mortgages and the debt under the second mortgage will not come close to being satisfied by sale of the property, and where the Defendants claim an equitable interest – whether there is a lack of utility — Held: there is no utility in the caveat because there could be no balance over which the Defendants can make a claim, the caveat is not bona fide, and the balance of convenience strongly favours the progress of the sale. Legislation Cited: Real Property Act 1900 (NSW) Cases Cited: Hanson Construction Materials Pty Ltd v Roberts [2016] NSWCA 240 Bayblu Holdings Pty Ltd v Capital Finance Australia Limited [2011] NSWCA 39 Ageist Pty Ltd v Samuel M Holdings Pty Ltd (Receiver and Manager Appointed) [2021] NSWSC 988 Lew v Bluescope Distribution Pty Ltd [2010] NSWSC 794 Dunecar Pty Ltd (in liq) v Colbron [2001] NSWSC 1181 Category: Principal judgment Parties: Ageist Pty Ltd (Plaintiff) Lilly (Lila) Stojcevski (First Defendant) Lupco Stojcevski (Second Defendant) Representation: AG Martin of Counsel (Plaintiff) D Carbone (solicitor) (Defendants)