Lawrence v. Appleby [2001] NSWSC 649

Reported Decision : (2002) NSW ConvR 55-993

New South Wales Supreme Court

CITATION : Lawrence v. Appleby [2001] NSWSC 649 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 3678/01 HEARING DATE(S) : 24 July, 2001 - Ex tempore JUDGMENT DATE : 24 July 2001

Wayne James Lawrence (Plaintiff) PARTIES : George Henry Paul Appleby (First Defendant) Steven John Appleby (Second Defendant) JUDGMENT OF : Palmer J

COUNSEL : M.A. Bradford (Plaintiff) R. Lovas (Defendants) SOLICITORS : Elliot Tuthill (Plaintiff) Dibbs Barker Gosling (Defendants) CATCHWORDS : CAVEAT - EXTENSION - DISCRETION - DAMAGES - Purchaser contends contract for sale of land not validly terminated by vendors - purchaser lodges caveat and commences suit for specific performance - purchaser applies to extend caveat until suit determined - claim is arguable and may have substance - Court still has discretion under s.74K(2) Real Property Act whether to extend caveat - discretion similar to that exercised on application for interlocutory injunction - balance of convenience and whether damages are adequate remedy are relevant considerations - after purported termination of contract purchaser clandestinely advertises land for sale at profit and offers to compromise with vendors for money sum - caveator should not be permitted to use caveat to coerce compromise of genuine dispute - purchaser's interest in suit for specific performance apparently only for purpose of re-sale at a profit - damages an adequate remedy - vendors should not be restrained from dealing with property pending determination of suit. LEGISLATION CITED : Real Property Act (NSW), s.74K CASES CITED : Kingstone Constructions Pty Ltd v. Crispel Pty Ltd (unrep. NSWSC, 12 March 1991) Young J. DECISION : Application to extend caveat dismissed; plaintiff to pay defendants' costs.