NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Pang v Cao [2023] NSWSC 773 Hearing dates: 1 May 2023 Date of orders: 5 July 2023 Decision date: 01 May 2023 Jurisdiction: Equity - Duty List Before: Parker J Decision: See [97]-[98] Catchwords: LAND LAW – caveats – application for extension of caveat – cross-application for compulsory withdrawal of caveat – property acquired by defendant on behalf of plaintiff and on terms that plaintiff would pay for mortgage and holding costs – dispute between plaintiff and defendant about payment – defendant enters into contract to sell property to third party – prima facie case – delay – balance of convenience – third party rights – application for extension refused and caveat removed Legislation Cited: Nil Cases Cited: Brose v Slade [2022] NSWSC 1785 Hanson Construction Materials Pty Ltd v Roberts (2016) 93 NSWLR 1 International Computer Network Pty Ltd v Lumos International Pty Ltd [2018] NSWSC 1793 Sutherland v Vale (2008) 14 BPR 26,255 Texts Cited: Meagher, Gummow & Lehane's Equity Doctrines and Remedies, Heydon JD, Leeming MJ, Turner PG (5th ed, 2014, LexisNexis Butterworths) Category: Principal judgment Parties: Yuan Pang (Plaintiff) Pengcheng Cao (Defendant) Representation: Counsel: J D Jaffray/ R O'Donnell (Plaintiff) A Macauley (Defendant)
Solicitor: Concisus Legal Pty Limited (Plaintiff) Jurisbridge Legal (Defendant) File Number(s): 2023/123889 Publication restriction: Nil
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