KPE Superannuation Fund Pty Ltd v QRM Holdings Pty Ltd [2022] NSWCA 284

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: KPE Superannuation Fund Pty Ltd v QRM Holdings Pty Ltd [2022] NSWCA 284 Hearing dates: 20 December 2022 Date of orders: 23 December 2022 Decision date: 23 December 2022 Before: Ward P at [1]; Macfarlan JA at [2]; Mitchelmore JA at [43] Decision: (1) Grant leave to appeal. (2) Appeal allowed. (3) Set aside orders 1 and 2 made in the Equity Division on 14 December 2022 in 2022/107858. (4) In lieu of those orders, order that: (a) Mr Quinn's notice of motion filed on 28 November 2022 is dismissed. (b) Order that the costs of that notice of motion are KPE's costs in the cause. (5) Order Mr Quinn to pay KPE's costs of the appeal proceedings. Catchwords: APPEAL — order made in Equity Division prior to final hearing for removal of caveat — Real Property Act 1900 (NSW) s 74MA — balance of convenience considered — appeal allowed and discretion re-exercised Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 31.23, Sch 7 Cases Cited: Abraham v Abraham [2012] NSWSC 254 Hanson Constructions Materials Pty Ltd v Roberts (2016) 93 NSWLR 1; [2016] NSWCA 240 KPE Superannuation Fund Pty Limited v Two Tempe Holdings Pty Ltd [2022] NSWSC 1614 Category: Principal judgment Parties: KPE Superannuation Fund Pty Ltd (Applicant) QRM Holdings Pty Ltd (First Respondent) Simon Quinn (Second Respondent) AFSH Nominees Pty Ltd (Third Respondent) Representation: Counsel: SB Docker/ J Rodgers JC Hewitt SC/ AB Emmerson