NSW Caselaw
New South Wales Supreme Court
CITATION : Icamp v Eykamp [2008] NSWSC 853
HEARING DATE(S) : 18/08/08
JUDGMENT DATE : 20 August 2008
JURISDICTION : Equity Division
JUDGMENT OF : Barrett J
DECISION : Order extending operation of caveat until further order discharged to the intent that there is no order in force for extension of operation of caveat
CATCHWORDS : CAVEATS - whether caveator had arguable case for interest claimed - interest under purported agreement creating security for debt - debt statute barred - morrtgage duty not paid on agreement - agreement unenforceable - extension of caveat refused
Duties Act 1997, ss 203A, 205(a), 211 LEGISLATION CITED : Real Property Act 1900, s 74K Real Property Regulation 1998, clause 7
CATEGORY : Principal judgment
CASES CITED : Neoform Developments and Interiors Pty Ltd Town and Country Marketing Pty Ltd [2002] NSWSC 344 Young v Queensland Trustees Ltd [1956] HCA 51; (1956) 99 CLR 560
PARTIES : Roy Douglas Icamp - Plaintiff Lynn Allen Eykamp - Defendant
FILE NUMBER(S) : SC 4250/08
COUNSEL : Mr P M Jeffriess - Plaintiff Mr J T Johnson - Trustee for Defendant
SOLICITORS : Everingham Solomons - Plaintiff Sally Nash & Co - Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BARRETT J
WEDNESDAY 20 AUGUST 2008
4250/08 ROY DOUGLAS ICAMP v LYNN ALLEN EYKAMP JUDGMENT 1 The plaintiff makes application under s 74K of the Real Property Act 1900 for an order extending the operation of a caveat. 2 The caveat affects a rural property "Nibiru", Quirindi, of which the registered proprietors are a son of the plaintiff and the son's former wife. 3 It will be convenient to refer to the plaintiff (father) as "Roy", the defendant (son) as "Lynn" and the son's former wife as "Janet". 4 The certificate of title for the relevant land shows Lynn and Janet to be registered proprietors as tenants in common in equal shares. The caveat, by its terms, forbids the recording of any dealing in respect of the subject land (other than a plan) affecting the estate or interest claimed by the caveator and set out in Schedule 1 to the caveat. 5 Schedule 1 to the caveat is in these terms: " Nature of the estate or interest in the folio of the Register Repayment of the loan of four hundred thousand dollars ($400,000.00). By virtue of the instrument referred to below
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