Mastronardo v Remo West Ryde Pty Ltd [2024] NSWSC 8

Supreme Court New South Wales

Medium Neutral Citation: Mastronardo v Remo West Ryde Pty Ltd [2024] NSWSC 8 Hearing dates: 19 January 2024 Date of orders: 19 January 2024 Decision date: 19 January 2024 Jurisdiction: Equity - Duty List Before: Meek J Decision: Caveat ordered to be removed Catchwords: REAL PROPERTY — Caveats — Plaintiff registered proprietor of property at Abbotsford sought to remove a caveat alleging an interest in the property arising by virtue of an agreement said to be between the plaintiff and the defendant company dated 1 August 2022 — Plaintiff's son purported to be appointed as a director of the defendant the day before the listing (18 January 2024) had previously filed a caveat in virtually identical form in related proceedings also listed in which he accepted that he had no caveatable interest in the property — Limited leave given to the son to represent the defendant — Details regarding the alleged agreement lacking and no proffer of evidence in support of assertion, which was different to the claimed interest, that there was a form of constructive trust — Monies advanced by the company in 2009 but "on terms to be agreed" — No clear evidence of any discussions giving rise to an interest in the property as between the plaintiff and the son — Caveat ordered to be removed CIVIL PROCEDURE — Hearings — Adjournment — Adjournment refused — Son's prior involvement in related proceedings brought by him against the plaintiff part of the relevant context indicating that he had not only recently had involvement in the matter — No sufficient evidence supporting a caveatable interest as claimed in the caveat or asserted in an affidavit in support of an adjournment Legislation Cited: Real Property Act 1900 (NSW) Cases Cited: Day v Munday [2019] NSWSC 452 Hanson Construction Materials Pty Ltd v Vimwise Civil Engineering Pty Ltd [2005] NSWSC 880 KT & T Developments Pty Ltd v Tay (1995) 13 WAR 363 National Australia Bank Ltd v Sayed [2020] NSWSC 1002 Shepherd v Houston [1927] SASR 144 Texts Cited: Edgeworth, Brendan, Butt's Land Law (7th ed, 2017, Thomson Reuters) Lindsay, Shannon, Caveats Against Dealings in Australia and New Zealand (1995, Federation Press) Category: Principal judgment Parties: Maria Eugenia Mastronardo (Plaintiff) Remo West Ryde Pty Ltd (Defendant) Representation: Counsel: D Nagle (Plaintiff) Self-represented (Defendant)