La Fontaine v Manley [2000] NSWSC 1252

New South Wales Supreme Court

CITATION : La Fontaine v Manley [2000] NSWSC 1252 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 4620/00 HEARING DATE(S) : 29 November and 6 December 2000 JUDGMENT DATE : 6 December 2000

PARTIES : Peter Allan La Fontaine (P) Peter John Manley (D) JUDGMENT OF : Hamilton J

COUNSEL : J T Johnson (P) M Scheib (D) SOLICITORS : La Fontaine (P) Crichton-Browne Crossley (D) CATCHWORDS : CONVEYANCING [184], [191] - Land titles under the Torrens system - Caveats against dealing - Practice - Order extending caveat - Principles applying to exercise of discretion - Who may lodge - Person who lodged lapsed caveat - Grounds substantially the same - Court's discretion to allow - Principles applying to exercise of discretion. Conveyancing Act 1919 s 23C LEGISLATION CITED : Legal Profession Act 1987 ss 174, 175 & 182 Real Property Act 1900 s 74K(1), (2), 74O Bethian Pty Limited v Green (1977) 3 FamLR 11,579 CASES CITED : Kingstone Constructions Pty Limited v Crispel (1991) 5 BPR 11,987 Ralph Symonds Australia Pty Limited v Pacific Property Investments Pty Limited 19 October 1988 NSWSC Bryson J unreported Wildshut v Borg Warner Acceptance Corp (Australia) Ltd (1987) NSW ConvR par 55-344 DECISION : Extension of caveat refused; leave granted to lodge fresh caveat.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

HAMILTON J

WEDNESDAY, 6 DECEMBER 2000

4620/00 PETER ALLAN LA FONTAINE v PETER JOHN MANLEY

JUDGMENT

1 HIS HONOUR: In this matter the plaintiff applies for the extension of a caveat over property of the defendant until further order. The caveat is over four properties in Phillip Street, Alexandria. The defendant owns at least one further piece of real estate which has been called in evidence the Coaches Creek property, over which the plaintiff does not have a caveat. The plaintiff has issued a summons in which he has claimed a declaration that he has a caveatable interest as described in caveat number 6657627. The caveatable interest is stated as follows: "Amounts due under cost agreement between Peter Allan La Fontaine and Peter John Manley for payment of legal costs & disbursements including counsels fees."