NSW Caselaw
Reported Decision : [2000] 10 BPR 18,463
New South Wales Supreme Court
CITATION : Global Minerals v Valerica [2000] NSWSC 1143 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 3905 of 2000 HEARING DATE(S) : 7 November 2000 JUDGMENT DATE : 8 December 2000
PARTIES : Global Minerals Australia Pty Limited (Plaintiff) Valerica Pty Limited (Defendant) JUDGMENT OF : Windeyer J at 1
COUNSEL : Mr M Ashhurst (Plaintiff) Mr J Leslie (Solicitor) (Defendant) SOLICITORS : M.D. Nikolaidis & Co (Plaintiff) Smits Leslie (Defendant) CATCHWORDS : CONVEYANCING - caveat against dealings - claim based on interest of chargee under charge from transferee of land under unregistered transfer the land having been transferred to another purchaser by transfer alleged to have been obtained by fraud - whether claim was for an interest in land - no caveatable interest LEGISLATION CITED : Real Property Act 1900 Andel Pty Ltd v Century Car Care Pty Ltd [1989] ANZConvR 252 Composite Buyers Ltd v Soong (1995) 38 NSWLR 286 Forsyth v Blundell (1973) 129 CLR 477 CASES CITED : Naismith v Smith (1954) VLR 567 Re McKean's Caveat [1988] 1 QdR 524 Re Pile's Caveat [1981] QdR 81 Shaw v Foster (1872) LR5HL 321 Tanzone Pty Ltd v Westpac Banking Corporation [1999] NSWSC 478 at 45 DECISION : See paragraph 16 and Orders
1 IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
WINDEYER J
FRIDAY 8 DECEMBER 2000 3905/00 Global Minerals Australia Pty Limited v Valerica Pty Limited
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