NSW Caselaw
New South Wales Supreme Court
CITATION : Chateau Constructions (Aust) Ltd v Zepinic [2009] NSWSC 1339
HEARING DATE(S) : 28 September 2009
JUDGMENT DATE : 28 September 2009
JURISDICTION : Equity
JUDGMENT OF : Slattery J at 1
EX TEMPORE JUDGMENT DATE : 28 September 2009
DECISION : Caveat AE 479151B dated 2 February 2009 extended until further order of the Court
CATCHWORDS : REAL PROPERTY - torrens title - caveats against dealings - extension of caveat sought - non appearance of defendants - evidence of charge sufficient to support caveat - extension of caveat granted
LEGISLATION CITED : Real Property Act 1900 (NSW) s 74J, 74K
CATEGORY : Principal judgment
Plaintiff: Chateau Constructions (Aust) Limited PARTIES : First Defendant: Milla Zepinic Second Defendant: Vito Zepinic
FILE NUMBER(S) : SC 4643/09
COUNSEL : Plaintiff: Mr B Ilkovski Defendants: No Appearance
SOLICITORS : Plaintiff: Toomey Pegg Drevikovsky Lawyers Defendants: No Appearance
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
SLATTERY J
MONDAY 28 SEPTEMBER 2009
4643/09 CHATEAU CONSTRUCTIONS (AUST) LIMITED v MILLA ZEPINIC & VITO ZEPINIC
JUDGMENT 1 HIS HONOUR: These proceedings are a dispute between a builder, Chateau Constructions Pty Limited and owners of certain domestic premises in Turramurra, Doctor and Mrs Zepinic. 2 Chateau Constructions contracted with the Zepinics to do building work at their premises in Turramurra. The precise address of those premises will not be recorded in this judgment pursuant to the Court's policy of reducing the risk of identity theft through material published by the Court. The precise address of Zepinics is obtainable in the Court file. 3 Differences arose between the parties about the performance of the building contract, which led to litigation in the Consumer Trade and Tenancy Tribunal. The plaintiff, Chateau Constructions was successful before the CTTT. Chateau Constructions now seeks to take advantage of a charging provision in the building contract to secure the sum found to be due to it by the CTTT. Chateau Constructions has lodged a caveat over the Turramurra property. Today it seeks to extend that caveat under s 74K of the Real Property Act 1900.
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