Bradley James Hancock v Impresario Enterprise Pty Ltd [2012] NSWSC 1217

Supreme Court New South Wales

Medium Neutral Citation: Bradley James Hancock v Impresario Enterprise Pty Ltd [2012] NSWSC 1217 Hearing dates: 3 October 2012 Decision date: 03 October 2012 Jurisdiction: Equity Division - Duty List Before: Slattery J Decision: Motion dismissed. Catchwords: REAL PROPERTY - torrens title - caveats against dealings - defendant's application to remove plaintiff's caveat - whether the evidence establishes that the plaintiff's obligation under a settlement agreement to remove the caveat is enlivened - HELD: insufficient evidence adduced to enliven the plaintiff's settlement agreement obligation to remove the caveat. Category: Interlocutory applications Parties: Applicant:- Impresario Enterprise Pty Ltd Respondent:- Bradley James Hancock Representation: Counsel: Solicitors: Applicant:- V. Berger, Milne Berry Berger Freedman Respondent:- in person File Number(s): 2011/33867 Publication restriction: No

Judgment 1Impresario Enterprise Pty Ltd ("Impresario"), the registered proprietor under the Real Property Act 1900, of certain land in Hall Street, Picton ("the Hall Street property"), seeks removal of a caveat from the title, so that it can complete an April 2012 contract for sale of the property. 2Impresario, the defendant, seeks the removal of the caveat by a motion in these proceedings on the basis of existing consent orders made on 11 November 2011. The caveator, Bradley James Hancock, the plaintiff, resists the removal of the caveat. 3The question for decision is whether Impresario has shown a basis under the 11 November 2011 consent orders for removal of the caveat. No other basis for removal of the caveat is advanced. The background to the matter is not complex.