NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Syed v Afroz [2024] NSWSC 797 Hearing dates: 27 June 2024 Date of orders: 27 June 2024 Decision date: 27 June 2024 Jurisdiction: Equity - Duty List Before: Meek J Decision: Referral made pursuant to r 7.36 Uniform Civil Procedure Rules 2005 (NSW) for legal assistance to the plaintiff. Catchwords: REAL PROPERTY — Caveats — Plaintiff sought extension of caveat on property auctioned by defendant, who was joint tenant and sole trustee to act on the sale — Other joint tenant of property borrowed funds from plaintiff pursuant to personal loan agreement — Borrower's only obligation under loan agreement was to repay principal balance — Whether mere borrowing of money gives rise to a caveatable interest — Ordinarily, mere fact that a caveator is a creditor of the registered proprietor does not give rise to a caveatable interest in land, as a caveat cannot be lodged to protect a mere contractual or personal right CIVIL PROCEDURE — Representation — Unrepresented litigants — In correspondence with Court, plaintiff sought some form of legal assistance in circumstances where solicitor who filed summons on plaintiff's behalf appeared to no longer represent him — Whether order should be made pursuant to r 7.36 of the Uniform Civil Procedure Rules 2005 (NSW) to refer the plaintiff to the registrar for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance — Held that a referral should be made in favour of the plaintiff Legislation Cited: Real Property Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Mastronardo v Remo West Ryde Pty Ltd [2024] NSWSC 8 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: Procedural rulings Parties: Majher Murad Syed (Plaintiff) Mita Farjina Afroz (alternatively, Mita Farjina Rahman) (Defendant) Representation: Self-represented (Plaintiff) File Number(s): 2024/234986
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