ACN 075 911 410 Pty Ltd v Almaty Pty Ltd [2011] NSWSC 333

Supreme Court New South Wales

Medium Neutral Citation: ACN 075 911 410 Pty Ltd v Almaty Pty Ltd [2011] NSWSC 333 Hearing dates: 19 April 2011 Decision date: 20 April 2011 Jurisdiction: Equity Division Before: Justice Barrett Decision: Plaintiff's notice of motion dismissed. Plaintiff to pay third defendant's costs of and incidental to the notice of motion Catchwords: CONVEYANCING - land titles under the Torrens system - caveats against dealings - application for order extending operation of caveat - plaintiff claims estate or interest as chargee - where plaintiff's attempt to introduce key documents into evidence fails because the documents are not stamped - lack of stamping also means that documents not enforceable as charge - two particular obstacles in any event to finding that documents if in evidence would be the source of the claimed estate or interest as chargee Legislation Cited: Duties Act 1997, ss 207, 210, 211, 217, 227, 287, 289A, 304 Real Property Act 1900, s 74K Uniform Civil Procedure Rules 2005, rule 31.13(3) Cases Cited: Boral Recycling Pty Ltd v Wake [2009] NSWSC 712 Category: Interlocutory applications Parties: ACN 075 911 410 Pty Ltd trading as Acuity Funding - Plaintiff Almaty Pty Ltd - First Defendant Bravel Pty Ltd - Second Defendant Project Port Macquarie (Three) Pty Limited - Third Defendant Representation: Counsel: Mr E G H Cox - Plaintiff Mr J C Giles - Third Defendant Solicitors: Mason Black Lawyers - Plaintiff Corrs Chambers Westgarth - Third Defendant File Number(s): 2011/126728