NSW Caselaw
New South Wales Supreme Court
CITATION : Ryan v Kalocsay [2009] NSWSC 1009
HEARING DATE(S) : 10 August 2009
JUDGMENT DATE : 10 August 2009
JURISDICTION : Equity
JUDGMENT OF : Slattery J
EX TEMPORE JUDGMENT DATE : 10 August 2009
DECISION : Order removal of the caveat
CATCHWORDS : REAL PROPERTY - torrens title - caveats against dealings - removal of caveat - trial imminent - caveat a potential obstacle to the defendant raising funds for her legal representation - balance of convenience
LEGISLATION CITED : Property (Relationships) Act 1984 Real Property Act 1900
CATEGORY : Principal judgment
Bell v Graham [2000] VSC 142 Beneficial Finance Corporation v Multiplex Construction Pty Ltd [1995] 36 NSWLR 510 CASES CITED : Hayes v O'Sullivan (2001) WASC 55 Martin v Glennan & Anor (1979) 2 NSWLR 234 Morling v Morling (1992) 16 Fam LR 161
PARTIES : Gregory John Ryan (Plaintiff) Zsuzsanna Katalin Kalocsay (Defendant)
FILE NUMBER(S) : SC 3376/08
COUNSEL : Plaintiff: Ms J McIntosh Defendant: Ms S Mahmud
SOLICITORS : Plaintiff: Peter Cornock & Associates Defendant: Ms Mahmud appeared on a pro bono basis with the assistance of the New South Wales Bar Association
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
SLATTERY J
MONDAY 10 AUGUST 2009
3376/08 GREGORY JOHN RYAN v ZSUZSANNA KATALIN KALOCSAY JUDGMENT [Re Application for Removal of Caveat] 1 HIS HONOUR: I have before me today the defendant's notice of motion for adjournment of the hearing date and for removal of the caveat over the property the subject of these proceedings, which I will refer to in this judgment as "the Riverstone property". The nature of this application was briefly outlined in the judgment I gave in this matter last Friday, 7 August 2009. This judgment concerns only one aspect of the motion before me, namely, prayer 2 for the removal of the caveat. The question of the adjournment of the hearing date and the question whether the solicitors on the record for the defendant should be given leave at this stage to withdraw from the proceedings, are yet to be argued before me.
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