NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Oracle (NSW) Pty Ltd (in liq) v Matar [2021] NSWSC 1244 Hearing dates: 15 September 2021 Decision date: 15 September 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made for withdrawal of caveat with costs on the ordinary basis. Catchwords: LAND LAW — Caveats — Application for removal under s 74MA of the Real Property Act 1900 (NSW) — Whether the balance of convenience favours the withdrawal of the caveat — Where conditions proposed by the defendants would expose the company's proprietary interest. Legislation Cited: - Real Property Act 1900 (NSW), ss 74MA, 74P Cases Cited: - Bayblu Holdings Pty Ltd v Capital Finance Australia Ltd (2011) 279 ALR 166; [2011] NSWCA 39 - Boensch (as trustee of Boensch Trust) v Pascoe [2015] NSWSC 1882 - Boensch v Pascoe (2019) 375 ALR 15; [2019] HCA 49 - Depsun Pty Ltd v Tahore Holdings Pty Ltd (1990) 5 BPR 11,314 Category: Procedural rulings Parties: Jessica Jade Matar (Applicant) Oracle (NSW) Pty Ltd (in liq) (First Respondent) Bruce Gleeson and Daniel Robert Soire as liquidators of Oracle (NSW) Pty Ltd (in liq) (Second Respondent) Representation: Counsel: S Golledge SC/N Bailey (Applicant) T O'Brien (Respondents)
Solicitors: Ronayne Owens Lawyers (Applicant) Polczynski Robinson (Respondents) File Number(s): 2020/364281 (004)
Judgment - EX TEMPORE (Revised 16 September 2021) - Application Withdrawal Of Caveat Pursuant To S 74ma(2) Of The Real Property Act 1900 (NSW); See Transcript P 28
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