Telsa Nominees Pty Ltd v Bingi Pty Ltd [2005] NSWSC 1323

New South Wales Supreme Court

CITATION : Telsa Nominees Pty Ltd v Bingi Pty Ltd [2005] NSWSC 1323

HEARING DATE(S) : 12/12/05

JUDGMENT DATE : 12 December 2005

JURISDICTION : Equity Division

JUDGMENT OF : White J

DECISION : 1. Upon the plaintiff by its counsel giving the usual undertaking as to damages and, also, undertaking to withdraw any further caveat which it might lodge pursuant to the leave given hereunder, on Friday 16 December 2005, unless the Court extends that period, I give leave pursuant to section 74O(2) of the Real Property Act to the plaintiff to lodge a further caveat in the terms of caveat AB20607U; 2. Stand over the Summons and the Notice of Motion to Thursday, 15 December 2005 at 10am before the Duty Judge; 3. Abridge time for service of the Summons and Notice of Motion to 12 Noon on 13 December 2005; 4. Direct that service be effected on Livingstone Property Conveyancing at Suite 34, Chatswood Village, Oscar Street, Chatswood, and at the registered office of the defendant.

CATCHWORDS : REAL PROPERTY - Application to extend caveat - Insufficient grounds for dispensing with service otherwise required by s 74K of the Real Property Act - Order under s 74O permitting a caveat on identical terms to be lodged on condition that it be withdrawn on the return date unless the court orders otherwise.

LEGISLATION CITED : Real Property Act 1900 (NSW)

CASES CITED : Malouf v O'Donohue [2001] NSWSC 335

Telsa Nominees Pty Ltd PARTIES : v Bingi Pty Ltd

FILE NUMBER(S) : SC 6231/05

Plaintiff: J Miller COUNSEL : Defendant: N/A

Plaintiff: Swaab Attorneys SOLICITORS : Defendant: N/A

LOWER COURT JURISDICTION :