Brose v Slade [2022] NSWSC 1785

Supreme Court New South Wales

Medium Neutral Citation: Brose v Slade [2022] NSWSC 1785 Hearing dates: 14 December 2022; further written submissions 15 and 16 December 2022 Date of orders: 23 December 2022 Decision date: 23 December 2022 Jurisdiction: Equity - Duty List Before: Kunc J Decision: Two caveats in issue. One caveat extended. Leave granted to file a fresh caveat in relation to other caveat. Secured undertaking as to damages required. Catchwords: LAND LAW — Caveats — Extension of operation of caveat — Balance of convenience — Serious question to be tried — Undertaking as to damages LAND LAW — Caveats — Formal requirements — Requirement to specify particulars of estate or interest claimed — Where dropdown boxes on PEXA system do not permit interest to be described accurately — Whether description due to requirements of PEXA system a failure to comply with legislation which can be disregarded — Recommendation that PEXA system be changed to provide options which better describe trust claims — Real Property Act, 1900 (NSW), s 74L Legislation Cited: Real Property Act, 1900 (NSW) Real Property Regulation 2019 (NSW) NSW Conveyancing Rules Cases Cited: Australian Security Estates Pty Ltd v Bluecrest Holdings Pty Ltd (1999) 9 BPR 17, 533; [1999] NSWSC 524 Bale v Kimberley Development Pty Ltd [2022] NSWSC 820 COMSERV (NO 210) PTY LTD v Robert Ristevski [2022] NSWSC 821 Category: Procedural rulings Parties: Kellie Lisa Brose (First Plaintiff) Garreth Owen Brose (Second Plaintiff) Bruce Roland Slade (First Defendant) Donna Maree Slade (Second Defendant) IJAAMOTT Pty Ltd (Third Defendant) Representation: Counsel: J Mack (Plaintiffs) B F Katekar SC with S Hoare (Defendants) Solicitors: Walsh & Blair Lawyers (Plaintiffs) Bradley Allen Love Lawyers (Defendants) File Number(s): 2022/297484 Publication restriction: Nil