Discount Acceptance Corporation Ltd. v. Ireland & Ors. [2001] NSWSC 81

New South Wales Supreme Court

CITATION : Discount Acceptance Corporation Ltd. v. Ireland & Ors. [2001] NSWSC 81 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 1544/01 HEARING DATE(S) : 22 February 2001 JUDGMENT DATE : 22 February 2001

Discount Accpetance Corporation Ltd. - plaintiff PARTIES : Mark Cameron Ireland - 1st defendant Registrar General - 2nd defendant JUDGMENT OF : Hodgson CJinEq at 1

COUNSEL : Mr. P. Beazley, Solicitor Ex parte application SOLICITORS : Philip J. Beazley, Sydney for plaintiff CATCHWORDS : PROPERTY - Real property - Torrens system - Extension of caveat - Need for explanation of late application. DECISION : See end of judgment

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

CORAM: HODGSON, CJ in Eq.

Thursday 22nd February 2001

NO. 1544 OF 2001 DISCOUNT ACCEPTANCE CORPORATION LTD. V. IRELAND & ORS.

JUDGMENT

1 This is an application for an ex parte order extending a caveat. 2 The lapsing notice was served on 1st February 2001. I am told that instructions were given to make this application on 16th February 2001, and that there has been delay since that time because of the illness of the deponent to the affidavit relied on. However, no explanation is offered as to why instructions were not given between 1st February and 16th February 2001. I would add also that, if there is a problem of having an affidavit sworn through illness, a duty judge may well be prepared to grant short service on something less than a sworn affidavit. Having regard to these circumstances, I am not prepared to make an ex parte order. 3 I will give leave to serve with short notice, and on appropriate notice being given to the defendant, the plaintiff may be able to apply on the return for leave to lodge a fresh caveat, or alternatively, for an injunction. 4 I appoint 26th February 2001 before the Registrar for the return of the summons which I initial and date. 5 I direct that the summons and affidavit in support be served at or before 12 noon on 23rd February 2001. *******