Gillies v Forrest & Ors [2014] NSWSC 408

Supreme Court New South Wales

Medium Neutral Citation: Gillies v Forrest & Ors [2014] NSWSC 408 Hearing dates: 4 April 2014 Decision date: 04 April 2014 Jurisdiction: Common Law Before: Beech-Jones J Decision: 1. Order pursuant to s 74MA of the Real Property Act 1900 (NSW) that, by 4.30pm on Friday,11.04.14, the plaintiff do all things necessary to withdraw the caveat with registered dealing number AH260469N (Caveat) lodged in relation to the land contained in: a) folio identifier 51/1188999, known as 219 Gan Gan Road, Anna Bay (also known as Unit 1/219 Gan Gan Road, Anna Bay) in the State of New South Wales; and b) folio identifier 52/1188999, known as 219a Gan Gan Road, Anna Bay (also known as Unit 2/219 Gan Gan Road, Anna Bay) in the State of New South Wales, (together, Properties). 2. An order directing the Registrar-General of New South Wales to remove the Caveat lodged in relation to the Properties by the plaintiff, in the event that the Caveat is not removed prior to 4.30pm on Friday, 11.04.14. 3. That the plaintiff be and is hereby restrained, without the leave of the court being first obtained, from placing or causing to be placed a caveat on: a) folio identifier 51/1188999, known as 219 Gan Gan Road, Anna Bay (also known as Unit 1/219 Gan Gan Road, Anna Bay) in the State of New South Wales; and b) folio identifier 52/1188999, known as 219a Gan Gan Road, Anna Bay (also known as Unit 2/219 Gan Gan Road, Anna Bay) in the State of New South Wales, 4. Prayer 1 of the notice of motion filed 21.03.14 be stood over to 05.05.14 at 9.00am before the Registrar. 5. Grant leave to the 1st and 2nd defendants to issue a subpoena to the plaintiff's trustee in bankruptcy, returnable on 05.05.14. 6. Order the plaintiff to pay the 1st and 2nd defendants' costs to date of the notice of motion filed on 21.03.14. 7. Order the plaintiff to pay the 3rd defendant's costs to date of the notice of motion filed on 02.04.14. 8. Direct that these orders be entered forthwith. Catchwords: CAVEAT - removal - no question of principle. Legislation Cited: - Real Property Act 1900 (NSW), s74MA Category: Interlocutory applications Parties: Darrin Michael Gillies (Plaintiff) Melissa Kate Forrest (First Defendant Steven Forrest (Second Defendant National Australia Bank Limited (Third Defendant) Representation: Counsel: In person (Plaintiff) B. Levet (First and Second Defendants) A. Kaufmann (Third Defendant) Solicitors: Self represented (Plaintiff) Gibbins Law Firm (First and Second Defendants) Gadens Lawyers (Third Defendant) File Number(s): 2012/231617