The Croatian Club Limited v Westwood Capital Pty Limited [2024] NSWSC 895

Supreme Court New South Wales

Medium Neutral Citation: The Croatian Club Limited v Westwood Capital Pty Limited [2024] NSWSC 895 Hearing dates: 27 June 2024, last written submissions received 2 July 2024 Date of orders: 25 July 2024 Decision date: 25 July 2024 Jurisdiction: Equity Before: Pike J Decision: (1) Pursuant to s 74O of the Real Property Act 1900 (NSW), the plaintiff has leave to lodge a caveat in the same form as Caveat AR332854 on the title to Lot 1 in DP236825, Lot 14 in DP132440, Lot D in DP382627, and auto-consol 15118-2. (2) The parties confer and provide to the chambers of Pike J by no later than 5 August 2024 any agreed orders as to costs. (3) In the event that the parties are not able to reach an agreement as to costs, each party is to provide to the chambers of Pike J by no later than 7 August 2024, any submissions and other material relied on in relation to costs, such submissions not to exceed three pages, whereupon the question of costs will be determined on the papers. Catchwords: REAL PROPERTY – caveats – application for leave to lodge a caveat – whether lapsing notice was served – whether clause of contract gives rise to caveatable interest or non-monetary obligations – whether Registrar-General has a duty to determine the validity or correctness of material evidencing service of a lapsing notice Legislation Cited: Real Property Act 1900 (NSW), ss 74J, 74MA, 74O, 138 Statutory Declarations Act 1959 (Cth) s 8 Cases Cited: CJ Redman Construction Pty Ltd v Tarnap Pty Ltd (2005) 12 BPR 23,395 Coco C'Bay Association (Inc) v Paddison [2022] WASC 5 Commercial Union Assurance Co of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Hanover Investments Pty Ltd v Registrar General [1999] NSWSC 21 Kingstone Constructions Pty Ltd v Crispel Pty Ltd (1991) 5 BPR 11,987 Nguyen v Sage Consultant Group Pty Ltd (2021) 20 BPR 41,989; [2021] NSWSC 753 Patel v H Lal & Associates Pty Ltd [2008] NSWSC 964 Ralph Symonds Australia Pty Ltd v Pacific Property Investments Pty Ltd (1988) 10 BPR 18,729 Secured Income Real Estate (Australia) Ltd v St Martins Investments Pty Ltd (1979) 144 CLR 596 Sheik v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FMCA 621 Wells Corporation Pty Ltd v Akkari [2012] NSWSC 323 West Coast Developments Pty Ltd v Lehmann [2013] VSC 617 West Coast Developments v Lehmann [2014] VSC 293 Xcel Rural Properties Pty Ltd v South Creek Dairy Pty Ltd (2002) 10 BPR 19,607; [2002] NSWSC 139 Texts Cited: D J Farrands, The Law of Options and other Pre-Emptive Rights, (3rd ed, 2023, Thomson Reuters) Category: Principal judgment Parties: The Croatian Club Limited ACN 000 412 331 (Plaintiff) Westwood Capital Pty Ltd ACN 169 490 653 (First Defendant) Registrar-General, Land Registry Services NSW (Second Defendant) Representation: Counsel: G Ng SC (Plaintiff) M Condon SC with J M Kadar (First Defendant)