De Meyrick v Dimitriou [2011] NSWSC 1291

Supreme Court New South Wales

Medium Neutral Citation: De Meyrick v Dimitriou [2011] NSWSC 1291 Hearing dates: Tuesday, 18 October 2011 Decision date: 18 October 2011 Jurisdiction: Equity Division Before: Brereton J Decision: Leave to lodge a further caveat granted. Catchwords: REAL PROPERTY - Caveat - Caveator seeks leave under (NSW) Real Property Act s 74O to lodge further caveat - whether caveat has or may have substance - caveator claims interest in land as unregistered mortgagee - mortgage secures moneys due in respect of proposed legal proceedings - caveator has prima facie interest in caveatee's land - balance of convenience - comparison of potential harm to caveator if order incorrectly not made and to caveatee if order made incorrectly - no prejudice to caveatee identified - necessity to consider circumstances in which caveat lapsed in applications under s 74O - such circumstances overlap with analysis of balance of convenience lies - caveator claims not to have been notified caveat had lapsed - no suggestion caveatee took action in reliance on caveat lapsing - leave to lodge fresh caveat granted. Legislation Cited: (NSW) Legal Profession Act, 2004 (NSW) Legal Profession Regulations, 2005 (NSW) Real Property Act, 1900, s 12A, s 74K, s 74MA, s 74O Cases Cited: Fitzgibbons v Shaftsbury [2011] NSWSC 525 Warner v Andrews [2011] NSWSC 956 Category: Principal judgment Parties: John Julian De Meyrick (plaintiff) Georgina Dimitriou (defendant) Representation: Counsel: Mr M Sneddon with Mr D Currie (plaintiff) Mr J Dupree (defendant) Solicitors: Robinson Lawyers (plaintiff) Corporate Network Legal Solicitors (defendant) File Number(s): 2011/270112