NSW Caselaw
New South Wales Supreme Court
CITATION : Witty & Ors v LKJD Managment Pty Ltd [2009] NSWSC 1380
HEARING DATE(S) : 24 & 27 November 2009
JUDGMENT DATE : 24 November 2009
JURISDICTION : Equity
JUDGMENT OF : Slattery J at 1
ORDERS: DECISION : 1. The Summons be dismissed. 2. The first plaintiff pay the defendants' costs in the sum of $630.00.
CATCHWORDS : REAL PROPERTY - torrens title - caveats against dealings - lapsing notices served - application for extension of caveats - caveats incurably defective - no description of estate or interest claimed - no clear interest created by underlying transactions - caveats not extended
LEGISLATION CITED : Real Property Act 1900 (NSW) ss 74F 74K, 74L
CATEGORY : Principal judgment
Dolroy Pty Limited v Civilco Constructions Pty Limited [2007] NSWSC 1263 CASES CITED : Jones v Baker (2002) 10 BPR 19 Warden v Mortgage House (No 1) Pty Limited [2006] NSWSC 1462
First Plaintiff: Jeanette Beatrice Witty PARTIES : Second Plaintiff: Unique Office Group Pty Ltd Third Plaintiff: LKJD Holdings Pty Ltd Defendant: LKJD Management Pty Ltd (In Liquidation) - Paul Cook (Liquidator)
FILE NUMBER(S) : SC 5441/09
COUNSEL : Plaintiffs: Mr Deitch (by leave of the Court) Defendant: Mr B Hemsworth (Solicitor)
SOLICITORS : Plaintiffs: Mr Deitch (by leave of the Court) Defendant: Somerville & Co
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY LIST
SLATTERY J
TUESDAY 24 NOVEMBER 2009
5441/09 JEANETTE BEATRICE WITTY; UNIQUE OFFICE GROUP PTY LTD & LKJD HOLDINGS PTY LTD V LKJD MANAGEMENT PTY LTD (IN LIQUIDATION) - PAUL COOK (LIQUIDATOR) JUDGMENT 1 HIS HONOUR: Introduction
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