Cui v Salas-Photiadis [2024] NSWSC 1280

Supreme Court New South Wales

Medium Neutral Citation: Cui v Salas-Photiadis [2024] NSWSC 1280 Hearing dates: 2 October 2024 Date of orders: 14 October 2024 Decision date: 14 October 2024 Jurisdiction: Equity - Duty List Before: Hmelnitsky J Decision: See [55]-[56]. Catchwords: LAND LAW – Caveats – Withdrawal of caveat under s 74MA of the Real Property Act 1900 (NSW) –Whether caveat failed to specify the nature of the equitable estate or interest claimed – Where interest on caveat was noted to be a "charge" – Whether there is a material difference between an "equitable charge" as opposed to an "equitable mortgage" BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – Where loan agreement between first and second defendants purported to grant the first defendant a security interest over property in connection with construction works performed on property – Whether loan agreement was an "other agreement" under s 7D of the Home Building Act 1989 (NSW) – Whether caveat lodged by first defendant was invalid by reason of s 7D of the Home Building Act 1989 (NSW) Legislation Cited: Home Building Act 1989 (NSW), ss 6, 7D Real Property Act 1900 (NSW), ss 3(1), 74F, 74K, 74MA, 74P Real Property Regulation 2019 (NSW) cl 7, Sch 2 – items 1, 4, 10 Cases Cited: Circuit Finance Pty Ltd v Crown & Gleeson Securities Pty Ltd [2005] NSWSC 997; (2006) NSW ConvR 56-143 Hanson Construction Materials Pty Ltd v Vimwise Civil Engineering Pty Ltd [2005] NSWSC 880; (2006) NSW ConvR 56-137 (Hanson) Harvie v Stevens [2004] NSWSC 1217; (2004) 12 BPR 22,751 Kell & Rigby Pty Ltd v Flurrie Pty Ltd (2006) 67 NSWLR 113; [2006] NSWSC 906 Roberts v Investwell Pty Ltd (in liq) [2012] NSWCA 134; (2012) 88 ACSR 689 Southern Cross Constructions (NSW) Pty Ltd v Salfa Pty Ltd (in liq) (recs and mgrs apptd) [2009] NSWSC 634 Sutherland v Vale [2008] NSWSC 759; (2008) 14 BPR 26,255 Swiss Bank Corporation v Lloyd's Bank Ltd [1982] AC 584 Category: Procedural rulings Parties: Yi Cui (Plaintiff) Nicolas John Salas-Photiadis (First Defendant) Simpo Property Services Pty Ltd (Second Defendant) Representation: Counsel: A Gandar (Plaintiff) M Fernandes (First Defendant)