Szanto v Bainton & Ors [2011] NSWSC 278

Supreme Court New South Wales

Medium Neutral Citation: Szanto v Bainton & Ors [2011] NSWSC 278 Decision date: 12 April 2011 Before: White J Decision: 1.Order that the order made on 2 March 2011 extending the operation of caveat AF470369V be discharged. This order may be entered forthwith. 2.Direct that the plaintiff file and serve a further amended statement of claim by 29 April 2011, and that the defendants file and serve a defence to that statement of claim by 20 May 2011. 3.Stand the proceedings over to the Registrar's list on 25 May 2011. 4.Order that the plaintiff pay the defendants' costs of the application to extend the operation of the caveat Catchwords: REAL PROPERTY - application to extend caveat - where plaintiff claims interest in property under contract for sale - whether defendants entitled to terminate contract - whether defect in defendants title - where serious question to be tried as to whether illegal sewer connection or omitted easement over property - mere possibility that Sydney Water may exercise statutory power to enter and do work on the property not a defect in title - special conditions preclude claim with respect to location of sewer or omitted easements - no serious question to be tried as to whether defendants entitled to terminate contract - in any event balance of convenience and inadequate undertaking as to damages would not favour extending caveat Legislation Cited: Sydney Water Act 1994 Environmental Planning and Assessment Act 1979 Conveyancing Act 1919 Landlord and Tenant (Amendment) Act 1948 Residential Tenancies Act 2010 Cases Cited: Lew v Bluescope Distribution Pty Ltd [2010] NSWSC 794 Beyfus v Lodge [1925] Ch 350 Nottingham Patent Brick and Tile Company v Butler (1885) 15 QBD 261 at 271; (1886) 16 QBD 778 Rignall Developments Limited v Halil [1988] Ch 190 Carpenter v McGrath (1996) 40 NSWLR 39 Texts Cited: P Butt, The Standard Contract for Sale of Land in New South Wales, 2nd ed (1998) A K Turner & R J Sutton, Actionable Non-Disclosure, 2nd ed (1990) CCH New South Wales Conveyancing Law Commentary Category: Interlocutory applications Parties: Peter Szanto (Plaintiff) Mark Jason Bainton (1st Defendant) Claire Louise Bainton (2nd Defendant) Troy Douglas (3rd Defendant) Nicholas Schmidt aka Nick Levy-Schmidt (4th Defendant) File Number(s):