IWC Industries Pty Ltd v Union Fidelity Capital Funding Pty Ltd [2022] NSWSC 1476

Supreme Court New South Wales

Medium Neutral Citation: IWC Industries Pty Ltd v Union Fidelity Capital Funding Pty Ltd [2022] NSWSC 1476 Hearing dates: 21 October 2022 Date of orders: 21 October 2022 Decision date: 21 October 2022 Jurisdiction: Equity - Duty List Before: Henry J Decision: See [39] Catchwords: LAND LAW – caveats – application for withdrawal of caveat lodged by defendant over plaintiff's property – where previous caveat lodged by the defendant in identical terms had been subject of orders for withdrawal and had lapsed – whether second caveat lodged without leave – second caveat ordered to be withdrawn as lodged without leave and of no effect – where plaintiff seeks order restraining defendant from lodging further caveat – no restraint ordered Legislation Cited: Real Property Act 1900 (NSW) Cases Cited: Hanover Investments v Registrar General [1999] NSWSC 21 Hanson Construction Materials Pty Ltd v Roberts (2016) 93 NSWLR 1; [2016] NSWCA 240 IWC Industries Pty Ltd v Union Fidelity Capital Funding Pty Ltd [2022] NSWSC 1312 McCulloch v Fern [2000] NSWSC 729 Redman Construction Pty Ltd v Tarnap Pty Ltd [2005] NSWSC 1011 Texts Cited: Brendan Edgeworth, Butt's Land Law (7th ed, 2017, Thomson Reuters) Category: Procedural rulings Parties: IWC Industries Pty Ltd (ACN 633 930 462) (Plaintiff) Union Fidelity Capital Funding Pty Ltd (Defendant) Representation: Counsel: J Wydell and G Zhang (Plaintiff) JP Redmond and D E Thomas (Defendant)