Australian Secured & Managed Mortgages Pty Ltd v Horizon Hotels Pty Ltd [2021] NSWSC 1715

Supreme Court New South Wales

Medium Neutral Citation: Australian Secured & Managed Mortgages Pty Ltd v Horizon Hotels Pty Ltd [2021] NSWSC 1715 Hearing dates: 31 December 2021 Date of orders: 31 December 2021 Decision date: 31 December 2021 Jurisdiction: Common Law Before: Davies J Decision: 1. The plaintiffs have leave to seek the interim orders in the summons filed 30 December 2021 ex parte. 2. An order that the operation of caveat AR561491 lodged in relation to the land known as and situated at 1/1-7 Bayswater Rd Potts Point 2011 and identified as 1/SP78890 ("Unit 1") be extended until 5pm on 17 January 2022. 3. An order that the operation of caveat AR561492 lodged in relation to Unit 1 be extended until 5pm on 17 January 2022. 4. An order that the operation of caveat AR561493 lodged in relation to the land known as and situated at 2/1-7 Bayswater Rd Potts Point 2011 identified as 2/SP78890 ("Unit 2") be extended until 5pm on 17 January 2022. 5. An order that the operation of caveat AR561494 lodged in relation to Unit 2 be extended until 5pm on 17 January 2022. 6. List the matter for directions before Robb J at 10am on 17 January 2022. 7. Plaintiffs to serve the defendant with the filed summons, affidavit of Suzanna Asciak sworn 30 December 2021 and Exhibit SA-01, affidavit of Kate Cooper sworn 23 December 2021 and Exhibit KC-01, and a sealed copy of these orders by:. a. Email to the solicitor for the defendant being Dominic Green of Green and Associates at dgreen@greenandassociates.com.au To be despatched by 5pm on Tuesday, 4 January 2022. 8. Orders to be entered forthwith. Catchwords: LAND LAW – caveats – lapsing notice – application to extend caveats Legislation Cited: Real Property Act 1900 (NSW) Cases Cited: McGrath v McGrath [2006] NSW SC 736 Texts Cited: Nil Category: Procedural rulings Parties: Australian Secured & Managed Mortgages Pty Ltd (First Plaintiff) Craig Highmore (Second Plaintiff) Horizon Hotels Pty Ltd (Defendant) Representation: Counsel: K Cooper (Plaintiffs) No appearance (Defendant)