NSW Caselaw
New South Wales Supreme Court
CITATION : FTFS Holdings Pty Ltd v Business Acquisitions Australia Pty Ltd [2006] NSWSC 1337
HEARING DATE(S) : 02/11/06 JURISDICTION : Equity Division Duty List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 11/02/2006
DECISION : Leave granted to file summons with abridgment of time for service
CATCHWORDS : REAL PROPERTY - Torrens Title - Caveats against dealings - third attempt to procure removal of caveat - whether abuse of process
LEGISLATION CITED : Real Property Act 1900 (NSW), s 74MA
PARTIES : FTFS Holdings Pty Ltd ACN 105 403 718 (P) Business Acquisitions Australia Pty Ltd ACN 114 268 361 (D)
FILE NUMBER(S) : SC 5595/06
COUNSEL : J Wong (sol) (P) Ex parte
SOLICITORS : Accentro Legal, Solicitors (P) Ex parte
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY LIST
BRERETON J
Thursday 2 November 2006
5595/06 FTFS Holdings Pty Limited v Business Acquisitions Australia Pty Limited
JUDGMENT (Ex tempore) 1 HIS HONOUR: In this matter the plaintiff seeks leave to file a summons returnable tomorrow with an abridgement of time for service to 7pm today for an order under Real Property Act 1900 (NSW), s 74MA, for the withdrawal of a caveat. Although I would not normally take time over an application for an abridgement of time for service, the degree of abridgement sought and the history of the matter has caused me occasion to pause.
2 The history includes that, after a contested hearing on 14 August 2006, Palmer J dismissed the present plaintiff's application for an order under s 74MA that the same caveat be withdrawn. Four days after that judgment was given, on 18 August 2006, the present plaintiff served a lapsing notice in respect of the same caveat, and on 6 September 2006 Palmer J made an order that the operation of the caveat be extended until further order, and ordered that the present plaintiff pay the present defendant's costs on an indemnity basis for the reason that the lapsing notice was premature and occasioned unnecessary litigation.
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