Makucha v Nothintoohard Pty Ltd [2004] NSWSC 1038

Reported Decision : (2005) NSW ConvR 56-098

New South Wales Supreme Court

CITATION : Makucha v Nothintoohard Pty Ltd [2004] NSWSC 1038 HEARING DATE(S) : 29 October; 4 November 2004 JUDGMENT DATE : 4 November 2004 JURISDICTION: Equity Division JUDGMENT OF : Young CJ in Eq DECISION : Proceedings must be dismissed with costs.

CATCHWORDS : CONVEYANCING [136]- Torrens Act- Caveat- Whether properly addressed lapsing notice needs to be received by caveator- Real Property Act 1900, s 74N. LEGISLATION CITED : Real Property Act 1900, s 74N In re Drinkwater (1929) 46 WN (NSW) 202 CASES CITED : National Australia Bank v Dyer (1966) V Conv R 54-553 Re Ex parte Little (1958) 58 SR (NSW) 173 Paul Makucha (P) Nothintoohard Pty Limited (D1) PARTIES : Adam Shepard (D2) Ronald John Dean-Willcocks (D3) Registrar General of New South Wales (D4) FILE NUMBER(S) : SC 5683/04 Plaintiff in person COUNSEL : M J Stevens (D2 & 3) G Channell (S) (D4) Plaintiff in person SOLICITORS : Abbott Tout (D2 & 3) K C Hall Solicitor for Registrar General (D4)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

YOUNG CJ in EQ

Thursday 4 November 2004

5683/04 – MAKUCHA v NOTHINTOOHARD PTY LIMITED JUDGMENT 1 HIS HONOUR: This is a summons issued by the plaintiff seeking a declaration that the notice to caveator of proposed lapsing of caveat has not been served in accordance with the provision of the Real Property Act. 2 The plaintiff has lodged caveats including caveat AA524962N, AA953716K and possibly a third caveat against the title of the defendant. The caveat states the nature of estate or interest as: "Equitable interest in the land as owner of the intellectual property relating to and attaching to the land as described in annexure A hereto".