Perpetual Nominees Limited v Karamakis and Ors [2010] NSWSC 1041

New South Wales Supreme Court

CITATION : Perpetual Nominees Limited v Karamakis and Ors [2010] NSWSC 1041

HEARING DATE(S) : 2 September 2010

JUDGMENT DATE : 15 September 2010

JUDGMENT OF : Schmidt J

DECISION : TAK's motion is dismissed. TAK is ordered to withdraw its caveat within 7 days of the date of this judgment and to pay the plaintiff's costs of the motions, as agreed or assessed.

CATCHWORDS : PROCEDURE - Supreme Court procedure - joinder application - joinder refused - order staying eviction refused - REAL PROPERTY - torrens title - caveats against dealings - application for extension of caveat - no equitable interest established - no basis for an extension - whether caveat should be removed - section 74MA of the Real Property Act 1900 - order for caveat to be withdrawn - COSTS - whether there should be a departure from general rule - indemnity costs order sought - no basis for any departure from usual order - costs as agreed or assessed

Conveyancing Act 1919 LEGISLATION CITED : Real Property Act 1900 Retail Leases Act 1994 Uniform Civil Procedure Rules 2005

CATEGORY : Procedural and other rulings

Alliance Acceptance Co Ltd v Ellison (1986) 5 NSWLR 102 Chetcuti v Scarf [2000] NSWSC 637 Dolroy Pty Ltd v Civilco Constructions Pty Ltd [2007] NSWSC 1263 CASES CITED : Grey v Zaratell Pty Ltd [2004] WASC 129 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 73 Piazza Grande Pty Ltd v Portis Pty Ltd (1993) V ConvR 54-460 Sutherland v Vale [2008] NSWSC 759

TEXTS CITED : Equity Doctrine & Remedies 4th Edition at [17-100] - [17-105])