Complex Scaffolding Solutions Pty Ltd v Abraham Doueihi (No 2) [2014] NSWSC 626

Supreme Court New South Wales

Medium Neutral Citation: Complex Scaffolding Solutions Pty Ltd v Abraham Doueihi (No 2) [2014] NSWSC 626 Hearing dates: 18 February 2014, 11 April 2014 and 15 May 2014 Decision date: 21 May 2014 Jurisdiction: Equity Before: Robb J Decision: The court will make the following orders subject to the first defendant responding affirmatively to the direction in par (7)

(1) Order the plaintiff to withdraw caveat No AI223177M within 14 days.

(2) Leave to the plaintiff to lodge a caveat in the form annexed and marked A to the affidavit of Mr Hidayat made 2 May 2014 against the first defendant's interest in each of the three properties listed in par 1 of the plaintiff's notice of motion filed on 4 February 2014 ("the properties").

(3) Order the plaintiff to withdraw the caveat from lodgement against the first defendant's interest in

(a) the title to the property listed in par 1(a) of the plaintiff's notice of motion if the first defendant gives the plaintiff evidence that the first defendant has entered into a contract to sell that property; and

(b) the title to the property listed in par 1(c) of the plaintiff's notice of motion if the first defendant gives the plaintiff evidence that the first defendant has negotiated a loan to fund the purchase of properties adjoining that property that will require a mortgage to be given over that property

in each case within 14 days of receipt of the evidence.

(4) Order that the first defendant be restrained until further order from granting any further security over the property listed in par 1(b) of the plaintiff's notice of motion, or increasing the amount borrowed upon the security of that property.