Windlock Pty Ltd v Velibor Davidovic & Ors [2014] NSWSC 269

Supreme Court New South Wales

Medium Neutral Citation: Windlock Pty Ltd v Velibor Davidovic & Ors [2014] NSWSC 269 Hearing dates: 6 March 2014 Decision date: 20 March 2014 Jurisdiction: Equity Division Before: Young AJA Decision: Judgment in favour of the plaintiff against the first defendant. The first defendant to pay the plaintiff damages in the sum of $450.00. The first defendant to pay the plaintiff's costs according to the Local Court scale. Judgment in favour of the plaintiff against the fourth defendant. The fourth defendant to pay the plaintiff damages in the sum of $6712.20. The second defendant to pay the plaintiff's costs according to the Local Court scale. Judgment in favour of the second defendant against the plaintiff. The plaintiff to pay the second defendant's costs according to the Supreme Court scale. Catchwords: CAVEATS - improper caveats -statutory right to damages - extent of liability for improper lodgement

WORDS & PHRASES - "lodges a caveat" - "any person" - Real Property Act 1900 NSW, s 74P Legislation Cited: Real Property Act 1900 NSW Land Transfer Act 1952 NZ Cases Cited: Brogue Tableau Pty Ltd v Binningup Nominess Pty Ltd (2007) 35 WAR 27; [2007] WASCA 179 Deutsch v Rodkin [2012] VSC 450 Gorgon v Treadwell Stacey Smith [1996] 3 NZLR 281 RTN Developments Pty Ltd v Shtrambrandt [2011] VSC 130 Young v Rydalmere Credits Pty Ltd (1963) 80 WN (NSW) 1463 Texts Cited: Transfer of Land in Victoria (Law Book Company 1979) Category: Principal judgment Parties: Windlock Pty Ltd ACN 053 430 916 (Plaintiff) Velibor Davidovic (First Defendant) Milanka Zugic (Second Defendant) Desanka Davidovic (Fourth Defendant) Representation: S Chapple (Plaintiff) Hansons Lawyers (Plaintiff) File Number(s): 2013/00247686 Publication restriction: Nil