Siu v Li [2009] NSWSC 1330

New South Wales Supreme Court

CITATION : Siu v Li [2009] NSWSC 1330

HEARING DATE(S) : 6 October 2009

JUDGMENT DATE : 6 October 2009

JURISDICTION : Equity

JUDGMENT OF : Slattery J at 1

EX TEMPORE JUDGMENT DATE : 6 October 2009

ORDERS: DECISION : 1. Direct the plaintiff to file and serve a statement of claim pleading the nature and extent of his equitable interest in the Armidale property, on or before 9 November 2009. 2. Direct the plaintiff to notify the defendant of today's judgment and orders within 14 days at the address to which the previous correspondence was forwarded. 3. Adjourn these proceedings for further hearing to Thursday 3 December 2009 before the Registrar in Equity.

CATCHWORDS : REAL PROPERTY - torrens title - caveats against dealings - sufficient evidence to show plaintiff may have an enforceable equitable charge over the subject property - caveat extended

CATEGORY : Principal judgment

CASES CITED : Shepherd v Houston [1927] SASR 144

PARTIES : Plaintiff: William Siu Defendant: Riu Fen Li

FILE NUMBER(S) : SC 3697/09

COUNSEL : Plaintiff: Mr D Del Monte Defendant: No Appearance

SOLICITORS : Plaintiff: Zhang Shijing Lawyers Defendant: No Appearance

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY JUDGE LIST

SLATTERY J

TUESDAY 6 OCTOBER 2009

3697/09 WILLIAM SIU v RIU FEN LI JUDGMENT 1 HIS HONOUR: The plaintiff brings these proceedings before the Court today upon the return of certain orders made by Justice McDougall on 15 July 2009. On that occasion his Honour ordered: 1. The operation of caveat number AE 707908 lodged in relation to the land situated at 275 Old Armidale Road Stannifer in the State of New South Wales, lot 45 DP 251304 ("the Armidale Property") be extended until further order of the Court.