NSW Caselaw
Reported Decision : (2006) NSW ConvR 56-151
New South Wales Supreme Court
CITATION : Milstern Retirement Services Pty Ltd v The Owners Strata Plan No 22521 [2006] NSWSC 301
HEARING DATE(S) : 11 April 2006
JUDGMENT DATE : 11 April 2006
JURISDICTION : Equity
JUDGMENT OF : Campbell J
EX TEMPORE JUDGMENT DATE : 04/11/2006
DECISION : Caveat extended
CATCHWORDS : REAL PROPERTY – strata and related titles and occupancy – charge given by individual lot holders over their lots – nature of interest of lot holder in common property – whether charge extends to lot holders interest in common property – CONVEYANCING – LAND TITLES UNDER THE TORRENS SYSTEM – caveats against dealings – application for extension of caveat – whether to be considered as analogous to application for interlocutory injunction, or as analogous to application for final injunction – appropriate form of order for extension of caveat
Conveyancing Act 1919 LEGISLATION CITED : Real Property Act 1900 Strata Schemes (Freehold Development) Act 1973 Strata Schemes Management Act 1996
70 Pitt Street Sydney v McGurk [2004] NSWSC 413; (2004) 11 BPR 21,643 Gay v Gooden (1989) NSWConvR 55-445 Kerabee Park Pty Limited v Daley [1978] 2 NSWLR 222 CASES CITED : Martyn v Glennan [1979] 2 NSWLR 234 Owners - Strata Plan No 43551 v Walter Constructions Group Limited [2004] NSWCA 429, (2004) 62 NSWLR 169, 12 BPR 22,639 Ridis v Strata Plan No 10308 [2005] NSWCA 246; (2005) 63 NSWLR 449 Ruxan Pty Limited v Peachme Pty Limited [2004] NSWSC 1221
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