Permanent Mortgages Pty Limited v Fadale Pty Limited [2011] NSWSC 975

Supreme Court New South Wales

Medium Neutral Citation: Permanent Mortgages Pty Limited v Fadale Pty Limited [2011] NSWSC 975 Hearing dates: 24 August 2011 Decision date: 31 August 2011 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) That in accordance with s 74MA of the Real Property Act the O'Connells are to withdraw caveat AF700079 within seven days. (2) The O'Connells are to be joined as second and third defendants to the proceedings but only so far as to make submissions as to whether and if so when a writ of possession should issue. (3) Costs are reserved. Catchwords: PROCEDURE - civil - parties - joinder - defendant's application for joinder in possession proceedings REAL PROPERTY - Application by plaintiff pursuant to 74MA(2) of the Real Property Act 1900 that defendants withdraw a caveat Legislation Cited: Real Property Act 1900 Retirement Villages Act 1999 Cases Cited: Elliot Tuthill v Boele [2010] NSWSC 103 Perpetual Nominees Limited v Karamakis [2010] NSWSC 1041 Category: Procedural and other rulings Parties: Permanent Mortgages Pty Limited - Plaintiff Fadale Pty Limited - Defendant Representation: M Elliott - Applicants R Notley - Respondent Cox West Lawyers - Applicants Horton Rhodes Lawyers - Respondent File Number(s): 2011/163478

Judgment 1HER HONOUR: There are two notices of motion before the Court. By notice of motion filed 2 June 2011, the applicants Michael Joseph O'Connell and Vicki Ann O'Connell (the O'Connells") seek an order that they be joined as defendants to these proceedings. The O'Connells relied on the affidavit of their solicitor John Edwin Cox sworn 2 June 2011. 2By notice of motion filed 1 July 2011, the plaintiff Permanent Mortgages Pty Limited ("Permanent Mortgages") seeks an order pursuant to s 74MA(2) of the Real Property Act 1900 that the O'Connells withdraw caveat AF700079 within seven days of this order. Permanent Mortgages relied on the affidavit of its solicitor Cameron Lake sworn 30 June 2011.