NSW Caselaw
New South Wales Supreme Court
CITATION : Ollis v Melissari [2006] NSWSC 329
HEARING DATE(S) : 21 April 2006
JUDGMENT DATE : 21 April 2006
JURISDICTION : Equity
JUDGMENT OF : Campbell J
EX TEMPORE JUDGMENT DATE : 04/21/2006
DECISION : Caveat ordered to be withdrawn. Service of application for withdrawal of caveat dispensed with. No need to serve caveator with notice of application relating to manner of division of proceeds of realisation of the property.
CATCHWORDS : CONVEYANCING - LAND TITLES UNDER THE TORRENS SYSTEM - caveats against dealings - registered proprietor lodges caveat against his own land - person with judgment against registered proprietor seeks to have Sheriff sell land pursuant to exection writ - whether caveat to be removed - caveator has disappeared - whether appropriate to dispense with service - orders also sought by judgment creditor, about manner of dealing with any damages and interest recovered pursuant to execution against the land - whether any need for notification to registered proprietor of those orders
Criminal Assets Recovery Act 1990 LEGISLATION CITED : Real Property Act 1900 Uniform Civil Procedure Rules 2005
CASES CITED : 70 Pitt Street Pty Limited v McGurk [2004] NSWSC 413 Ollis v Melissari [2005] NSWSC 1064
Victor Warren Ollis - Plaintiff PARTIES : Mary Melissari - First Defendant Colin Coveny - Second Defendant
FILE NUMBER(S) : SC 1376/05
COUNSEL : No Appearance - Plaintiff M Lawson - First and Second Defendants
SOLICITORS : No Appearance - Plaintiff Hancocks Solicitors - First and Second Defendants
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