Parnell v Cummins [2001] NSWSC 430

New South Wales Supreme Court

CITATION : Parnell v Cummins [2001] NSWSC 430 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 2422/01 HEARING DATE(S) : 3 May 2001 JUDGMENT DATE : 3 May 2001

PARTIES : Michael Parnell (P) Mark John Cummins (D) JUDGMENT OF : Hamilton J

COUNSEL : P in person T W L Stuart (D) SOLICITORS : P self represented Hunt & Hunt (D) CATCHWORDS : CONVEYANCING [185] - Land titles under the Torrens system - Caveats against dealings - Form of caveat - Statement of estate or interest - Statement reveals caveator relies on contract which is oral and therefore unenforceable. LEGISLATION CITED : Conveyancing Act 1919 s 54A CASES CITED : La Fontaine v Manley [2000] NSWSC 1252 DECISION : Summons for extenson of caveat dismissed with costs.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

HAMILTON J

THURSDAY, 3 MAY 2001

2422/01 MICHAEL PARNELL v MARK JOHN CUMMINS

JUDGMENT 1 HIS HONOUR: This is an application by the plaintiff appearing in person to extend caveat 6983754G over the land contained in folio identifier 111/245493 or, more accurately, over the plaintiff's share in that land as tenant in common in equal shares. The evidence shows that the plaintiff is the holder of the fee simple in that land as tenant in common in equal shares with his wife. In the caveat the registered proprietor is described as the plaintiff only. The nature of the estate or interest claimed in the land is stated as "Equitable mortgage of an estate in fee simple", and the facts relied on are stated as, "Oral Agreement between the Registered Proprietor and the Caveator whereby the Registered Proprietor agreed to grant in favour of the Caveator a mortgage over the land to secure the Registered Proprietor's liabilities to the Caveator."