Business Acquisitions Australia Pty Ltd v Renshall [2006] NSWSC 1238

New South Wales Supreme Court

CITATION : Business Acquisitions Australia Pty Ltd v Renshall [2006] NSWSC 1238

HEARING DATE(S) : 16/11/06

JUDGMENT DATE : 21 November 2006

JURISDICTION : Equity Division

JUDGMENT OF : Barrett J

DECISION : Orders for removal of three caveats, subject to payment of money into court in one case.

CATCHWORDS : REAL PROPERTY - Torrens system - caveats against dealings - where two caveats claimed interests in land for which there was no foundation - third caveat claimed estate or interest described as "charge and entitlement to lodge caveat" arising from written agreement - argued that agreement not operative when caveat lodged - argued that description of estate or interest insufficient to comply with Real Property Regulation - whether caveator had shown prima facie entitlement to keep caveat - where registered proprietor offered to pay money into court pending determination of caveator's claims

Oaths Act 1900, s.25 LEGISLATION CITED : Real Property Act 1900, ss.74F(5), 74H(1)(b), 74K(2), 74L, 74MA Real Property Regulation 2003

Circuit Finance Pty Ltd v Crown & Gleeson Securities Pty Ltd (2005) NSW ConvR 56-143 DTR Nominees Pty Ltd v Mona Homes Pty Ltd (1978) 138 CLR 423 FTFS Holdings Pty Ltd v Business Acquisitions Australia Pty Ltd [2006] NSWSC 846 CASES CITED : Hanson Construction Materials Pty Ltd v Vimwise Civil Engineering Pty Ltd (2005) NSW ConvR 56-137 Kingstone Constructions Pty Ltd v Crispel Pty Ltd (1991) 5 BPR 11,987 Summers v The Commonwealth (1918) 25 CLR 144 Troncone v Aliperti (1994) 6 BPR 13,291