Almona Pty Ltd v Parklea Corporation Pty Ltd (No 2) [2021] NSWCA 202

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Almona Pty Ltd v Parklea Corporation Pty Ltd (No 2) [2021] NSWCA 202 Hearing dates: 1 September 2021 Date of orders: 1 September 2021 Decision date: 02 September 2021 Before: Basten JA Decision: Upon the appellant, by its counsel, giving the usual undertaking as to damages, the Court: (1) extends the operation of caveat AN567966 affecting the land with folio identifiers 97/861300 and 11/1204116 until the determination of an application for special leave to appeal filed as envisaged by (2) below and, if special leave be granted until the determination of the appeal, if unsuccessful, or until 21 days after a successful determination of the appeal. (2) If the appellant does not cause to be filed in the Sydney Registry of the High Court of Australia by 8 September 2021 an application for special leave to appeal from the principal judgment given in this proceeding on 11 August 2021, order 1 is dissolved. Catchwords: CIVIL PROCEDURE – interim order pending special leave application – appeal dismissed – caveat protecting interest of dispossessed due to expire – application to extend caveat Cases Cited: Almona Pty Ltd v Parklea Corporation Pty Ltd [2021] NSWCA 171 Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd [No 1] (1986) 161 CLR 681; [1986] HCA 84 Category: Procedural rulings Parties: Almona Pty Ltd (Applicant) Parklea Corporation Pty Ltd (First Respondent) P T Ltd (Second Respondent) Secured Asset Portfolio III Ltd (In liq) (Third Respondent) Representation: Counsel: