NSW Caselaw
New South Wales Supreme Court
CITATION : Tadrous v Tadrous [2009] NSWSC 407
HEARING DATE(S) : 27 April 2009 JURISDICTION : Equity Division Duty Judge List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 27 April 2009
DECISION : Leave granted to lodge further caveat pursuant to Real Property Act, s 74O.
CATCHWORDS : REAL PROPERTY – Land under Torrens Title – Caveats – Extension of operation – plaintiff lodged caveat claiming "equitable interest in fee simple" – plaintiff's interest is truly as equitable chargee – whether plaintiff should be granted leave to lodge further caveat – where seriously arguable that caveator has caveatable interest – balance of convenience – where caveat prevents defendant borrowing to fund defence, effect repairs and improve other land – where such borrowing would derogate from plaintiff's priority – Held: balance of convenience favoured plaintiff lodging further caveat.
LEGISLATION CITED : (NSW) Real Property Act 1900 s 74O
CATEGORY : Principal judgment
Australian Property & Management Pty Ltd v Devefi Pty Ltd (1997) 7 BPR 15,255 Buchanan v Crown & Gleeson Business Finance Pty Ltd [2006] NSWSC 1465, (2007) 13 BPR 24,513 Custom Credit Corp Ltd v Ravi Nominees Pty Ltd (1992) 8 WAR 42 CASES CITED : Esther Investments Pty Ltd v Wilson International Pty Ltd [1982] ANZ ConvR 647 Kerabee Park Pty Ltd Pty Ltd [1978] 2 NSWLR 222 Oceanview Group Holdings v Balaz [2006] NSWSC 1469 Wildschut v Borg Warner Acceptance Corp (Aust) Ltd [1987] ANZ ConvR 283
TEXTS CITED : Sheryl Jackson, "Removal of a Valid Caveat - How Convenient" (1996) 4 APLJ 1
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