Babies Galore v Kelso Builders Supplies [2006] NSWSC 353

New South Wales Supreme Court

CITATION : Babies Galore v Kelso Builders Supplies [2006] NSWSC 353

HEARING DATE(S) : 20/04/06

JUDGMENT DATE : 20 April 2006

JURISDICTION : Equity Division

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 04/20/2006

DECISION : See para 23 of judgment.

CATCHWORDS : REAL PROPERTY – Caveats – Plaintiff exercised option for renewal of lease and lodged caveat to protect its rights and interests under the lease – Second defendant, as mortgagee in possession, exercised power of sale over subject land – Second defendant entered into contract with third party for sale of subject land – Application by plaintiff for order to extend operation of caveat – Section 74K(2) of the Real Property Act 1900 (NSW) – Application granted.

LEGISLATION CITED : Real Property Act 1900 (NSW)

Mercantile Credit Limited v Shell Company of Australia Limited (1976) 136 CLR 326 CASES CITED : National Australia Bank limited v Bridge Wholesale Acceptance Corporation (Australia) Limited (1990) 21 NSWLR 96 Bahr v Nicolay (No. 2) (1988) 164 CLR 604

Babies Galore Pty Ltd PARTIES : v Kelso Builders Supplies Pty Ltd & Anor

FILE NUMBER(S) : SC 2401/06

COUNSEL : Plaintiff: M Lawson 2nd Defendant: M J Cohen

SOLICITORS : Plaintiff: Smith Lawyers 2nd Defendant: N/A

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY JUDGE LIST

WHITE J

Thursday, 20 April 2006

2401/06 Babies Galore Pty Ltd v Kelso Builders Supplies Pty Ltd & Anor

JUDGMENT

1 HIS HONOUR: The plaintiff is a lessee of part of the land at 433 Great Western Highway, Wentworthville. It seeks an order pursuant to s 74K(2) of the Real Property Act 1900 (NSW) extending the operation of caveat number AC105449 until further order. In support of that application the plaintiff, through its counsel, offers the usual undertaking as to damages.