Peters v Lithgow Forge Pty Ltd & Ors [2010] NSWSC 283

New South Wales Supreme Court

CITATION : Peters v Lithgow Forge Pty Ltd & Ors [2010] NSWSC 283

HEARING DATE(S) : 12 April 2010 JURISDICTION : Equity

JUDGMENT OF : Slattery J at 1

EX TEMPORE JUDGMENT DATE : 13 April 2010

ORDERS: 1. An order under s 74K of the Real Property Act 1900 (NSW) that Caveat No. AE352871 be extended until further order of the Court. DECISION : 2. That these orders be entered forthwith. The Court further notes: 3. The undertaking of the first defendant that it will not transfer, sell dispose or, encumber, create any interest in or charge over, or otherwise deal with the property situated at 227 Mort Street, Lithgow in the State of New South Wales also known as Lot 5 of DP930738, without first providing to the plaintiff at least 14 days notice in writing of such intention.

CATCHWORDS : REAL PROPERTY - torrens title - caveats against dealings - plaintiff's caveat over first defendant's property - debt owed by second defendant to plaintiff - whether plaintiff's caveat should be extended - question whether caveator's claim "has or may have substance" - arguably sufficient consideration provided by the plaintiff for the grant of caveat over first defendant's property through a promise to forbear taking further action against second defendant - equitable charge arguably created in first defendant's property to secure payment of money from second defendant to plaintiff - arguably an intention to create a caveatable interest rather than a mere agreement to lodge a caveat - arguably agreement for caveat complies with s 54A of Conveyancing Act 1919 - caveat has or may have substance - caveat extended