Dexiosis Properties Benalla Pty Ltd v Beaver 1st Capital Management Pty Ltd [2022] NSWSC 1473

Supreme Court New South Wales

Medium Neutral Citation: Dexiosis Properties Benalla Pty Ltd v Beaver 1st Capital Management Pty Ltd [2022] NSWSC 1473 Hearing dates: 20 October 2022 Date of orders: 20 October 2022 Decision date: 27 October 2022 Jurisdiction: Equity - Duty List Before: Henry J Decision: See [44] Catchwords: LAND LAW – caveats – application for withdrawal of caveats lodged by second defendant over second plaintiff's properties – where caveats preventing refinance of loan secured by first registered mortgages over properties – whether serious issue to be tried – whether balance of convenience favours withdrawal of caveat – caveats ordered to be withdrawn to facilitate refinance on terms that provide for leave to second defendant to lodge further caveats in identical terms after registration of new mortgages Legislation Cited: Real Property Act 1900 (NSW) Cases Cited: Bayblu Holdings Pty Ltd v Capital Finance Australia Ltd [2011] NSWCA 39 Buchanan v Crown & Gleeson Business Finance Pty Ltd [2006] NSWSC 1465 George Bevan Pty Ltd v Robert Patrick Pty Ltd (1987) 4 BPR 9457 Hanson Construction Materials Pty Ltd v Roberts (2016) 93 NSWLR 1; [2016] NSWCA In the application of Roderick Mackay Sutherland and Sule Arnautovic [2014] NSWSC 821 Tadrous v Tadrous [2009] NSWSC 407 Category: Procedural rulings Parties: Dexiosis Properties Benalla Pty Ltd ACN 652 202 778 (First Plaintiff) Phillip John Purnell (Second Plaintiff) Michael Cameron (Third Plaintiff) Beaver 1st Capital Management Pty Ltd ACN 660 941 711 (First Defendant) BC First 103 Pty Limited ACN 661 882 104 (Second Defendant) Representation: Counsel: Mr Neggo (Plaintiffs) Mr Meyerowitz-Katz (Defendants)