Abraham v Abraham [2012] NSWSC 254

Supreme Court New South Wales

Medium Neutral Citation: Abraham v Abraham [2012] NSWSC 254 Hearing dates: 19 March 2012 Decision date: 27 March 2012 Before: Ball J Decision: See paragraph 27 of this judgment Catchwords: REAL PROPERTY - caveats - removal of caveat under s 74MA - general principles same as for interlocutory injunction - balance of convenience - where registered proprietor seeks to sell property on which caveator lives - where caveator's undertaking as to damages may be worthless - where caveator in better position than he ever could be following a final hearing. PROCEDURE - interlocutory orders - variation of orders made by consent - relevant legal principles -whether consent orders operate as an agreement between the parties - whether general rule for variation of interlocutory orders applies - importance of what was in parties mutual contemplation when orders were made - interpretation of phrase "until further order" - where facts suggest defendant did not intend the consent order to continue indefinitely. Legislation Cited: Conveyancing Act 1919 (NSW) Real Property Act 1900 (NSW) Cases Cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 Bayblu Holdings Pty Ltd v Capital Finance Australia Ltd [2011] NSWCA 39 Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Buchanan v Crown & Gleeson Business Finance Pty Ltd [2006] NSWSC 1465 Council of Shire of Warringah v Industrial Acceptance Corporation (Supreme Court of New South Wales, McLelland J, 22 November 1979, unreported) Lew v Bluescope Distribution Pty Ltd [2010] NSWSC 794 R D Werner & Co Inc v Bailey Aluminium Products Pty Ltd (1988) 18 FCR 389 Short v Crawley (No 42) [2009] NSWSC 1110 Siebe Gorman & Co Ltd v Pneupac Ltd [1982] 1 WLR 185 Szanto v Bainton [2011] NSWSC 278 Warner v Andrews [2011] NSWSC Category: Procedural and other rulings Parties: Michael Hanna Abraham (Plaintiff) Les Abraham (First Defendant) Michael Elias Abraham (Second Defendant) Registrar-General (Third Defendant) Representation: C A Bolger (Plaintiff) J B Simpkins SC (First & Second Defendants) Shamser Thapa & Associates (Plaintiff) Kalmath Lawyers (First and Second Defendants) File Number(s): 2011/99264