Bank of Queensland v Hoerman [2011] NSWSC 73

Supreme Court New South Wales

Medium Neutral Citation: Bank of Queensland v Hoerman [2011] NSWSC 73 Hearing dates: 22 February 2011 Decision date: 22 February 2011 Before: Gzell J Decision: Under the Real Property Act 1900, s 74MA(2)(a) first defendant ordered to withdraw caveat and until registration of the transfer of the land under the contracts for sale or further order, the Registrar-General not accept for lodgement and remove or not record in the Register any caveat lodged in respect of the property on or after 14 February 2011 otherwise than with the leave of the court. Catchwords: CONVEYANCING - Land Titles under the Torrens System - Caveats against Dealings - mortgagee sale frustrated by series of caveats lodged one after the other on lapsing of prior caveat - interest claimed that land was in the principality of Snake Hill that had seceded from Australia was not subject to the jurisdiction of the court Legislation Cited: Lew v Bluescope Distribution Pty Ltd [2010] NSWSC 794 Real Property Regulations 2003 92 Cases Cited: Lew v Bluescope Distribution Pty Ltd [2010] NSWSC 794 Urban Traders Pty Ltd v Proceris Pty Ltd [2005] NSWSC 11 Category: Procedural and other rulings Parties: Bank of Queensland Limited (Plaintiff) Karl Hoermann (First Defendant) Registrar General of New South Wales (Second Defendant) Paula Jensen (aka Princess Paula of the Principality of Snake Hill (Third Defendant) Representation: Counsel: D Barnett (Plaintiff) Solicitors: Dibbs Barker Lawyers (Plaintiff) File Number(s): 2011/44879