Eric Bernard Bastian v Nellie Francis Haydon [2010] NSWSC 1267

New South Wales Supreme Court

CITATION : Eric Bernard Bastian v Nellie Francis Haydon [2010] NSWSC 1267 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 25 October 2010, 26 October 2010 JUDGMENT OF : Slattery J at 1

EX TEMPORE JUDGMENT DATE : 26 October 2010

DECISION : 1. Plaintiff's claim for extension of caveat is dismissed. 2. Plaintiff to pay the defendant's costs of these proceedings.

CATCHWORDS : REAL PROPERTY ACT - Torrens Title - caveats against dealings - application to extend operation of caveat - Real Property Act, s 74K - caveat already lapsed at time of application to extend - caveat extension prevented by Real Property Act, s 74LA - no caveatable interest shown in any event - summons seeks no final relief - caveat not extended - summons dismissed.

LEGISLATION CITED : Real Property Act 1900, ss, K, 74 LA

CATEGORY : Principal judgment

CASES CITED : St Abanoub Properties Pty Ltd vRegistrar General & Anor [2002] NSWSC 615

PARTIES : Plaintiff-Eric Bernard Bastian Defendant-Nellie Francis Haydon

FILE NUMBER(S) : SC 2010/325157

COUNSEL : Plaintiff- in person Defendant-G. Dilworth

SOLICITORS : Plaintiff- in person Defendant-Emillie Reynolds, Barwick Stevens Lawyers Dorrigo

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

SLATTERY J

TUESDAY, 26 OCTOBER 2010

2010/325157 ERIC BERNARD BASTIAN v NELLIE FRANCIS HAYDON EX TEMPORE JUDGMENT 1 HIS HONOUR: The principal issue in this case is whether the plaintiff can demonstrate an interest in the defendant's property in Hennessy's Lane, Bellingen, sufficient to sustain an order for the extension of a caveat. There are other issues to which I will come. 2 The plaintiff and the defendant are acquainted with one another. The plaintiff from time to time has been living at the defendant's Hennessy's Lane property a rural property with a current value in the order of $450,000. 3 During the 2009/2010 period Mr Bastian was involved in negotiations with the defendant about the possible development of the Hennessy's Lane property. These negotiations did not result in a signed agreement between the plaintiff and the defendant. Indeed, the defendant is currently negotiating with at least one other person about the possible development of the Hennessy's Lane property. 4 The plaintiff filed a caveat over the subject property claiming as the nature of the estate or interest in the land "money owed and losses incurred with respect to cancellation of a proposed development on the listed property."