Di Francesco v Magi Astrologer Priest Religion [2004] NSWSC 678

New South Wales Supreme Court

CITATION : Di Francesco v Magi Astrologer Priest Religion [2004] NSWSC 678 HEARING DATE(S) : 21 & 22 July 2004 JUDGMENT DATE : 22 July 2004 JURISDICTION: Equity JUDGMENT OF : Hamilton J DECISION : Order that caveat be withdrawn.

CATCHWORDS : CONVEYANCING [189] - Land titles under the Torrens system - Caveats against dealings - Removal - Onus of proof - Onus on caveator to satisfy Court there is serious issue to be tried - Necessity for service of application on caveator. LEGISLATION CITED : Real Property Act 1900 ss 74MA, 74N Artura Pty Ltd v Bluecrest Constructions Pty Ltd NSWSC Santow J 21 August 1998 unreported Delma Investments Pty Ltd v Shillito [1971] VR 442 CASES CITED : Eng Mee Yong v V Letchumanan s/o Velayutham [1980] AC 331 Genrich v Maitland Holdings Pty Ltd [1982] Qd R 58 Sims v Lowe [1988] 1 NZLR 656 Elio John Di Francesco (P) PARTIES : Magi Astrologer Priest Religion (D1) Dianne Smith Di Francesco (D2) FILE NUMBER(S) : SC 4020/04 COUNSEL : A P Lo Surdo (P) No appearance (Ds) SOLICITORS : John S Gibson & Associates (P) D P M Di Francesco (Ds)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

HAMILTON J

THURSDAY, 22 JULY 2004

4020/04 ELIO JOHN DI FRANCESCO v MAGI ASTROLOGER PRIEST RELIGION IN TRUST FOR D SMITH DI FRANCESCO & ANOR JUDGMENT 1 HIS HONOUR: This is an application under s 74MA of the Real Property Act 1900 ("the RPA") for the withdrawal of a caveat. The caveat concerned was lodged with the Registrar General and was given the number AA734190V, although it has not yet been registered. 2 The estate or interest claimed and the fact relied on is stated as follows in the caveat: "No transfer deeds, registrars signed transfers without judges order claiming of a 1/2 share in property."