NSW Caselaw
New South Wales Supreme Court
CITATION : Ron Medich Properties Pty Limited v McGurk [2010] NSWSC 552
HEARING DATE(S) : 26 May 2010
JUDGMENT DATE : 26 May 2010
JURISDICTION : Equity Division
JUDGMENT OF : Palmer J
EX TEMPORE JUDGMENT DATE : 26 May 2010
DECISION : Caveat not extended; leave under s 74O refused; injunction refused; adjournment refused.
CATCHWORDS : CAVEAT – DEFECT – whether caveator's claimed interest as equitable mortgagee by subrogation sufficiently described in caveat as "constructive trust" – whether defect fatal. - LEAVE UNDER s 74O – whether new caveat would be abuse of caveat procedure – no evidence from caveator's director – two previous and contradictory statements of director as to transaction. - PROCEDURE – whether, at conclusion of hearing, adjournment should be granted to allow new evidence.
LEGISLATION CITED : - Real Property Act 1900 (NSW) – s74F(5)(b), s74K, s74O - Real Property Act Regulations 2008 (NSW) – Schedule 3 Clause 7
CATEGORY : Principal judgment
- Butler v Rice [1910] 2 Ch 277 - Circuit Finance Pty Ltd v Crown & Gleeson Securities Pty Ltd (2005) 12 BPR 23,403 CASES CITED : - Depsun Pty Ltd v Tahore Holdings Pty Ltd (1990) 5 BPR 11,314 - Ghana Commercial Bank v Chandiram [1960] AC 732 - Hanson Construction Materials Pty Ltd v Vimwise Civil Engineering Pty Ltd (2005) 12 BPR 23,355 - Leros Pty Ltd v Terara Pty Limited (1992) 174 CLR 407
PARTIES : Ron Medich Properties Pty Ltd (Plaintiff) Kimberley Francis Ann McGurk (Defendant)
FILE NUMBER(S) : SC 2010/080891
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