NSW Caselaw
New South Wales Supreme Court
CITATION : Chong v Chanell (No 2) [2009] NSWSC 1066
HEARING DATE(S) : 18 & 22 September 2009 JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 18 September 2009
DECISION : Order that caveat be withdrawn, upon undertaking to pay into court part of proceeds of sale.
CATCHWORDS : REAL PROPERTY – Torrens title – caveats – where plaintiff seeks order under (NSW) Real Property Act 1900, s 74MA for removal of caveat – where caveator bears onus to show that there is a seriously arguable claim to a caveatable interest which would entitle a caveator to an injunction prohibiting the proposed dealing – whether balance of convenience favours retention of caveat – held: caveator has seriously arguable claim for caveatable interest but not one that would prevail over plaintiff's charge – part of proceeds to be preserved to satisfy caveator's claim insofar as plaintiff's claim not clearly entitled to priority.
LEGISLATION CITED : (CTH) Family Law Act 1975, s 79 (NSW) Real Property Act 1900, s 74MA
CATEGORY : Consequential orders
CASES CITED : Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589
Qingyi Chong (plaintiff) PARTIES : Jane Haley Chanell (aka Jinghai Chong) (first defendant) Wu Hong Wei (second defendant)
FILE NUMBER(S) : SC 2509/07
COUNSEL : Mr R Tregenza (plaintiff) Mr T Morahan (second defendant)
SOLICITORS : Austin Haworth & Lexon Legal (Sydney) (plaintiff) Zhang Shijing Lawyers (second defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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