Ranieri v Johnson [2012] NSWSC 428

Supreme Court New South Wales

Medium Neutral Citation: Ranieri v Johnson [2012] NSWSC 428 Hearing dates: 11/04/12 Decision date: 11 April 2012 Jurisdiction: Equity Division Before: McDougall J Decision: Order for withdrawal of caveat, with costs on the indemnity basis. Catchwords: REAL PROPERTY - Torrens title - caveat - whether caveat discloses a caveatable interest - whether plaintiff entitled to an order pursuant to s 74MA of the Real Property Act 1900 (NSW) to have caveat withdrawn - [PROCEDURE] - documents - affidavits - application to read affidavit in court - whether defendant should have leave to rely on affidavit not served in accordance with directions. Legislation Cited: Civil Procedure Act 2005 (NSW) Real Property Act 1900 (NSW) Category: Procedural and other rulings Parties: Lidia Ranieri (Plaintiff) Peter Lindsay Johnson (Defendant) Representation: Counsel: D L Cook (Plaintiff) Solicitors: Boyd-Boland Law (Plaintiff) J Johnson (Son of Defendant) File Number(s): 2012/91764

Judgment - ex tempore (revised 11 april 2012) 1HIS HONOUR: The plaintiff is the proprietor of a property at Surry Hills. The property is occupied by the defendant pursuant to a lease which commenced originally on 13 August 2003. That lease has been renewed from time to time but will expire at the latest on 12 August 2012. 2The defendant conducts some sort of business from the premises. He has attempted to sell his business. Clearly enough, for the business to be saleable, any purchaser would require a term of more than five or six months. It is apparent that at one stage the plaintiff contemplated granting a further lease to a proposed purchaser known as XL Australia Pty Limited. 3The matter is before the court for an urgent final hearing because the plaintiff has contracted to sell the property and the sale either is, or soon will be, due for completion. Completion is being impeded because the defendant has caused a caveat to be lodged against the title to the property. The plaintiff seeks an order pursuant to s 74MA of the Real Property Act 1900 (NSW) that the caveat be withdrawn.