70 Pitt Street Sydney v McGurk [2004] NSWSC 449

New South Wales Supreme Court

CITATION : 70 Pitt Street Sydney v McGurk [2004] NSWSC 449 HEARING DATE(S) : 19 May 2004 JUDGMENT DATE : 19 May 2004 JURISDICTION: Equity JUDGMENT OF : Campbell J DECISION : Previous judgment was interlocutory. Principles concerning re-opening judgment not applicable. Caveat ordered to be withdrawn. Solicitor ordered to pay costs of application on indemnity basis.

CATCHWORDS : CONVEYANCING - LAND TITLES UNDER THE TORRENS SYSTEM - caveats against dealings - order for withdrawal of caveat - circumstances in which withdrawal may be ordered even if court has earlier declined to order withdrawal - PROCEDURE - miscellaneous procedural matters - court declines to order removal of caveat - whether such an order interlocutory - whether application on basis of facts arising since previous judgment for order for withdrawal of caveat involves re-opening previous judgment - COSTS - litigant fails to comply with undertaking to court through fault of his solicitor - later court proceedings occasioned by the failure to comply with undertaking - whether solicitor to pay costs of later proceedings, and on what basis LEGISLATION CITED : Real Property Act 1900 CASES CITED : 70 Pitt Street Sydney v McGurk [2004] NSWSC 413 PARTIES : 70 Pitt Street Sydney Pty Limited - Plaintiff Michael Loch McGurk - Defendant FILE NUMBER(S) : SC 2753/04 COUNSEL : M J Cohen - Plaintiff C R C Newlinds SC - Defendant SOLICITORS : Michell Sillar - Plaintiff Henry Davis York - Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY JUDGE LIST

CAMPBELL J

WEDNESDAY 19 MAY 2004