NSW Caselaw
Reported Decision : (2007) NSW ConvR 56-173
New South Wales Supreme Court
CITATION : Buchanan & Anor v Crown & Gleeson Business Finance Pty Ltd [2006] NSWSC 1465
HEARING DATE(S) : 30 October 2006 JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 10/31/2006
DECISION : Order that caveat be removed, with leave to lodge further caveat upon completion of refinance
CATCHWORDS : REAL PROPERTY - Torrens Title - Caveats against dealings - application for removal of valid caveat to permit refinance - issues and onus on such application - where indisputable caveatable interest - whether balance of convenience favours removal - where removal sought to permit refinance of first mortgage - where result would not be detrimental to and may enhance position of caveator - whether undertaking as to damages required as condition of maintenance of caveat.
LEGISLATION CITED : (NSW) Real Property Act 1900, s 74 MA, s 74 O
Australian Property & Management Pty Ltd v Devefi Pty Ltd (1997) 7 BPR 15,255, Custom Credit Corp Ltd v Ravi Nominees Pty Ltd (1992) 8 WAR 42 Eng Me Yong v Letchumanan [1980] AC 331 Esther Investments Pty Ltd v Wilson International Pty Ltd [1982] ANZ ConvR 647 CASES CITED : Kerabee Park Pty Ltd v Daley [1978] 2 NSWLR 222 Martyn v Glennan [1979] 2 NSWLR 234 Re Jorss' Caveat [1982] Qd R 458 Re Ridge Incentive Programs Pty Ltd (in liquidation) (1985) Q ConvR 54-172 Wildschut v Borg Warner Acceptance Corp (Aust) Ltd [1987] ANZ ConvR 283
Ruth Dorothy Buchanan (first plaintiff) PARTIES : Emily Jane Stimson (second plaintiff) Crown & Gleeson Business Finance Pty Ltd (defendant)
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