NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Choi v Kim [2013] NSWSC 1774 Hearing dates: 15 November 2013 Decision date: 15 November 2013 Jurisdiction: Equity Division - Duty List Before: White J Decision: Summons dismissed. Catchwords: REAL PROPERTY - Torrens system - caveats - caveatable interest - where wife claims equitable interest in land held by husband - where no remedial constructive trust over land ordered - whether defect in caveat could be cured - whether caveatable interest disclosed - Real Property Act 1900, ss 74K, 74L, 74O - Real Property Regulation 2008, Sch 3 Legislation Cited: Real Property Act 1900 Family Law Act 1975 (Cth) Cases Cited: Wu v Dardaneliotou [2008] NSWSC 1319 Song v Shi [2011] NSWSC 1207 Baumgartner v Baumgartner (1987) 164 CLR 137 Green v Green (1989) 17 NSWLR 343 Deabel v V'Landys [2002] NSWSC 43 Jones v Baker [2002] NSWSC 89; (2002) 10 BPR 19,115 Hanson Construction Materials Pty Limited v Vimwise Civil Engineering Pty Limited [2005] NSWSC 880; (2005) 12 BPR 23,355 Warden v Mortgage House (No. 1) Pty Limited [2006] NSWSC 1462; (2006) 13 BPR 24,375 Young v Lalic [2006] NSWSC 18; (2006) 197 FLR 27 Category: Principal judgment Parties: Soo Jin Choi (Plaintiff) Hyoung Jung Kim (Defendant) Representation: Counsel: L Smith (Plaintiff) Solicitors: Yoon Twining Lawyers File Number(s): 2013/344062
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