Homes v Newland [1999] NSWSC 894

Reported Decision : (1999) NSW ConvR 55-918

New South Wales Supreme Court CITATION : Homes v Newland [1999] NSWSC 894 CURRENT JURISDICTION : Equity Division FILE NUMBER(S) : 2391/99 HEARING DATE(S) : 06/08/99 JUDGMENT DATE : 7 September 1999

PARTIES : Thomas Hughes Homes Pty Limited v Thomas John Newland JUDGMENT OF : Master Macready at 1

COUNSEL : Mr G. Grant for the plaintiff SOLICITORS : Stephen Marks Solicitor for the plaintiff Mr T. Orkizki of Barnetts for the defendant CATCHWORDS : Conveyancing. Land Titles under the Torrens System.; Caveats against dealings. Building contract providing for a charge over land such land being residential land within the Home Building Act 1997. Held that on its proper construction s 7D of the Home Building Act restricts the caveatable interest to a licence holder who has obtained a judgment or order of a Court.; Interpretation. Application of s 33 of Interpretation Act. Home Building Act 1977 ACTS CITED : Home Building Amendement Act 1998 Interpretation Act CASES CITED : Sarasvati v The Queen (1990-91) 172 CLR at 21 DECISION : Para 23

1 IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

MASTER MACREADY

Tuesday, 7 September 1999.

File No. 2391/99 THOMAS HUGHES HOMES PTY LIMITED v THOMAS JOHN NEWLAND JUDGMENT 1 MASTER: In this matter on 19 May 1999 His Honour Mr Justice Santow ordered that by way of interim order the operation of Caveat No 5240488W be extended until further order of the Court. The order was made on the ex parte application of the plaintiff and the matter was brought back before me today when an application was made on behalf of the defendant that the order be vacated or, alternatively, under s 74 MA that the plaintiff withdraw the caveat. No motion was filed by the defendant but the parties are happy that the matter be determined on the basis of the defendant's oral application.