Bolitho v Permanent Custodians Ltd & Anor [2009] NSWSC 734

New South Wales Supreme Court

CITATION : Bolitho v Permanent Custodians Ltd & Anor [2009] NSWSC 734

HEARING DATE(S) : 26, 27 & 29 June 2009

JUDGMENT DATE : 30 June 2009

JURISDICTION : Equity

JUDGMENT OF : Slattery J at 1

EX TEMPORE JUDGMENT DATE : 30 June 2009

Orders: (1) That the plaintiff withdraw the caveat number AE 758610 lodged with the New South Wales Department of Lands by her over the land comprising folio identifier A/415058 by 4pm 1 July. DECISION : (2) That Ms Bolitho be restrained from lodging further caveats over the land in folio identifier A/415058. (3) Both orders stayed until 1pm tomorrow to give the plaintiff the opportunity of lodging an appeal with the Court of Appeal if she is so minded. (4) That the plaintiff, who is the respondent on the application, to pay the first defendant's costs of this application.

CATCHWORDS : Application for adjournment to allow for the issue of subpoenas - No proper basis for issue of subpoenas - Withdrawal of caveat - Restraint on lodging further caveats over subject property

LEGISLATION CITED : Privacy and Personal Information Protection Act 1998 Real Property Act 1900

CATEGORY : Principal judgment

CASES CITED : Port of Melbourne Authority v Anshun Pty Limited (2) (1981) 147 CLR 589

Kim Maree Bolitho (Plaintiff) Permanent Custodians Limited (First Defendant) Bluestone Mortgages (Second Defendant) PARTIES : Mark Griffin of Professionals Real Estate, Avalon (Third Defendant) The Professionals Real Estate's Auctioneer (Fourth Defendant) Properties on Line (Fifth Defendant) Bluestone's Valuer (Sixth Defendant)