AJDJ Pty Limited & ors v PacificWest Developments Pty Limited [2002] NSWSC 203

New South Wales Supreme Court

CITATION : AJDJ Pty Limited & ors v PacificWest Developments Pty Limited [2002] NSWSC 203 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 4811/00 HEARING DATE(S) : 22, 25 February 2002 JUDGMENT DATE : 25 February 2002

AJDJ Pty Limited (First Plaintiff) David Bruce Cameron (Second Plaintiff) Lachlan Paul Danckert (Third Plaintiff) Terrance Paul Murphy (Fourth Plaintiff) PARTIES : John Joseph Hopkins (Fifth Plaintiff) Reginald Seva Moodley (Sixth Plaintiff) William Geoffrey Ennis (Seventh Plaintiff) Neville Pradeepkumar Emerson (Eighth Plaintiff) Pacificwest Developments Pty Limited (Defendant) JUDGMENT OF : Master McLaughlin

COUNSEL : SOLICITORS : Thurai Raja Lawyers (Plaintiffs) Macquarie Lawyers (Defendant) LEGISLATION CITED : Real Property Act 1900 DECISION : 1. Order that the notice of motion filed by the Defendant on 13 February 2002 be dismissed.; 2. Order that the Defendant pay the costs of the Plaintiffs of the aforesaid notice of motion, such costs to be on the indemnity basis.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

MASTER McLAUGHLIN

Monday, 25 February 2002

4811/00 AJDJ LIMITED -V- PACIFIC WEST DEVELOPMENTS PTY LIMITED JUDGMENT 1 MASTER: There is presently before the Court a notice of motion filed by the defendant, Pacific West Developments Pty Ltd, on 13 February 2002. By that notice of motion the defendant seeks, firstly, that seven separate caveats lodged by the plaintiff be withdrawn. Order 2 sought in that notice of motion is in the following terms: "In the event that the plaintiffs fail to withdraw all the above-mentioned caveats within seven days that order 2 of the short minutes of order made on 14 December 2001 by his Honour Acting Justice Davies be discharged". 2 I shall deal firstly with the application by the defendant for the withdrawal of the caveats. The defendant, somewhat curiously, did not see fit to place before the Court the caveats which are the subject of this application. It might be regarded as fundamental for an application for withdrawal of the caveats that the Court should be aware of the nature of the caveats the withdrawal of which it is being asked to order. 3 It was only in consequence of a request by me in that regard that copies of the subject caveats were placed in evidence, an adjournment for such purpose being made necessary. 4 There is no evidence of the dates upon which each of the subject caveats was lodged, although each is supported by a statutory declaration of the respective caveator dated 22 November 2000. 5 Each of the caveats is in respect of a lot in an unregistered plan of subdivision which is part Lot 102 Deposited Plan 738481. The seven lots in respect of which the caveats have been lodged are seven of the eight units in a residential development situate at and known as 14 Chapman Street, Werrington. The plaintiffs are the purchasers, either severally or conjointly, of those seven units under seven contracts of sale, each dated 12 November 1999. The vendor named in each of those contracts is Pacific West Developments Pty Ltd, the present defendant. 6 Each of the contracts is in identical form (except, of course, for the identity of the lot number and the identify of the purchaser). Each of the caveats is in identical terms (except, of course, for the identity of the lot number and the identify of the purchaser). Each caveat names the defendant as the registered proprietor of the relevant lot. The land in each caveat is described as: "Lot --- in an unregistered plan which is annexed herewith and marked "A" which is part Lot 102 Deposited Plan 738481". 7 By each caveat, the caveator claims to be entitled to "the estate or interest specified in schedule 1 in the land/registered dealing referred to above by virtue of the instrument/facts set out in that schedule and prohibits the Registrar General from taking, with respect to the land/registered dealing, the action specified in item numbers 1 to 4 of schedule 2, unless the caveator has consented in writing or this caveat has lapsed or been withdrawn." 8 Schedule 1 is headed: "Estate or Interest Claimed" and is in the following terms: "Nature of the estate or interest in the land/registered dealing: