NSW Caselaw
New South Wales Supreme Court
CITATION : AUGHTON v WILKIE (NO 2) [2010] NSWSC 1505
HEARING DATE(S) : 22 December 2010
JUDGMENT DATE : 22 December 2010
JUDGMENT OF : Tamberlin AJ at 1
EX TEMPORE JUDGMENT DATE : 22 December 2010
1. Judgment for the plaintiff in the sum of $280,000. 2. The defendant to pay the plaintiff's costs. DECISION : 3. The Cross-Claim is dismissed with costs. 4. The Court declares that the cross-defendant has no right title or interest in the land comprising Lot 30 DP 1073293, being the land referred to in folio identifier 30/1073293, or in Lot 31 DP 1073293 being the land referred to in folio identifier 31/1073293. 5. The Court orders that the cross-defendant do all things necessary to forthwith remove caveat AE407-37F from the land. 6. The Court orders that should the plaintiff neglect or fail to remove the said caveat, the Registrar of the Supreme Court, Equity Division, be empowered to do all things necessary to effect such a removal.
CATCHWORDS : PROCEDURE – slip rule – Uniform Civil Procedure Rules 2005, Pt 36, r 36.17 – removal of caveat – ruling that no interest in land but no consequential order for removal of caveat – order made under rule – no variation of costs order
LEGISLATION CITED : Uniform Civil Procedure Rules 2005 (NSW), Pt 36, r 36.17
CATEGORY : Procedural and other rulings
PARTIES : Robert David Aughton – Plaintiff Brent Alan Wilkie - Defendant
FILE NUMBER(S) : SC 2009/287365
COUNSEL : R Keller (Plaintiff) J-J Loofs (Defendant)
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