NSW Caselaw
New South Wales Supreme Court
CITATION : Agmon Investments Pty Ltd v Inglis & Ors [2006] NSWSC 932
HEARING DATE(S) : 8 September 2006
JUDGMENT DATE : 11 September 2006
JURISDICTION : Equity Division
JUDGMENT OF : Palmer J
DECISION : Application for extension dismissed.
CATCHWORDS : CAVEAT – EXTENSION – whether a prima facie case for interest claimed in caveat demonstrated.
Conveyancing Act 1919 (NSW) – s.54A LEGISLATION CITED : Fair Trading Act 1987 (NSW) Real Property Act 1900 (NSW) - s.74K
- Hall v Busst (1960) 104 CLR 207 CASES CITED : - South Sydney Council v Royal Botanic Gardens (1999) 10 BPR 18,961 - Sudbrook Trading Estate Ltd v Eggleton [1982] 3 All ER 1
Agmon Investments Pty Ltd – Plaintiff PARTIES : Jeffrey Ronald Inglis – First Defendant Dianne Wendy Inglis – Second Defendant
FILE NUMBER(S) : SC 4644/06
COUNSEL : F. Kunc – Plaintiff A.J. Greinke – Defendants
SOLICITORS : Thomson Rich O'Connor – Plaintiff Abbott Pardy & Jenkins – Defendants
Introduction and issues
1 The Plaintiff seeks the extension of a caveat pursuant to s.74K Real Property Act 1900 (NSW). The application is opposed on the ground that the Plaintiff has no caveatable interest. Mr Kunc of Counsel, who appears for the Defendants, acknowledges that in an application to extend a caveat all that the caveator must show is an arguable case, or serious question to be tried, in support of the interest claimed. Nevertheless, he submits that, as the law presently stands, the caveator cannot surmount even this low hurdle. 2 As an alternative argument, Mr Kunc submits that the caveat does not state the true basis on which the Plaintiff claims an interest in the Defendants' land. 3 The estate or interest claimed by the Plaintiff, as described in the caveat, is as follows: "Equitable interest as holder of an option granted by the registered proprietors to purchase the estate in fee simple by virtue of … AGREEMENT … [dated] FEBRUARY 1999 [between] Registered Proprietors and Caveator by virtue of [the following] facts: ANNEXURE A
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