Geneville Constructions Pty Ltd v Odisho-Benjamin [2024] NSWSC 290

Supreme Court New South Wales

Medium Neutral Citation: Geneville Constructions Pty Ltd v Odisho-Benjamin [2024] NSWSC 290 Hearing dates: 13 March 2024 Date of orders: 13 March 2024 Decision date: 13 March 2024 Jurisdiction: Equity - Duty List Before: Parker J Decision: See [35] Catchwords: LAND LAW — caveats — formal requirements —particulars of estate or interest claimed — where caveat claimed an estate in fee simple but by virtue of facts giving rise to security interest — whether caveat, read as a whole, "really" claimed a security interest — Real Property Act 1900, s 74L — application for extension of caveat dismissed Legislation Cited: Real Property Act 1900 (NSW) Real Property Regulation 2019 (NSW) Cases Cited: ATF Group Pty Ltd v Melek [2023] NSWSC 333 Brose v Slade [2022] NSWSC 1785 Comserv (No 210) Pty Ltd v Ristevski [2022] NSWSC 821 Sutherland v Vale [2008] NSWSC 759 Texts Cited: Nil Category: Procedural rulings Parties: Geneville Constructions Pty Limited (Applicant/Plaintiff) Sarah Odisho-Benjamin (Respondent/First Defendant) Representation: Counsel: M F Newton (Applicant/Plaintiff) B Haines (Respondent/First Defendant)

Solicitors: Gerald Aronstan (Applicant/Plaintiff) McAuley Lawyers Pty Limited (Respondent/First Defendant) File Number(s): 2024/86656 Publication restriction: Nil

JUDGMENT

Revised from transcript; issued on 21 March 2024 1. Before the Court is an application for extension of a caveat. 2. The land which is the subject of the caveat is a residential property at Carlingford. It is owned as to 95% by Sarah Odisho‑Benjamin, the first defendant, and Edmund Benjamin, the second defendant, as joint tenants. It is convenient to refer to them as, "the Benjamins". The remaining 5% is owned by Matthew Edmund Benjamin (presumably a relative of Mr Benjamin's) as a tenant in common. He is the third defendant but has not been involved in the current application. 3. The property is subject to a mortgage in favour of the Australian and New Zealand Bank Group Limited ("ANZ"). ANZ is the fourth defendant but likewise has not been involved in the current application.