Rushcutters Bay Developments Pty Limited v Dragon Asset Investment Pty Limited [2016] NSWSC 1324

Supreme Court New South Wales

Medium Neutral Citation: Rushcutters Bay Developments Pty Limited v Dragon Asset Investment Pty Limited [2016] NSWSC 1324 Hearing dates: 16 September 2016 Date of orders: 19 September 2016 Decision date: 19 September 2016 Jurisdiction: Equity Before: Darke J Decision: Order for extension of operation of purchaser's caveat refused. Order made for vendor's caveat to be withdrawn. Catchwords: REAL PROPERTY – caveats – caveat lodged by purchaser under contract for sale – contract terminated by vendor due to purchaser's failure to make payments of deposit – purchaser claims relief against forfeiture and specific performance – whether serious question or prima facie case shown – order for extension of operation of caveat refused

REAL PROPERTY – caveats – caveat lodged by vendor – vendor's lien claimed over two lots in respect of unpaid deposit payable for other lots – lien claimed over lots for which purchase price paid in full – whether serious question or prima facie case shown – order made for withdrawal of caveat Legislation Cited: Real Property Act 1900 (NSW), ss 74K, 74MA, 74O Cases Cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Bayblu Holdings Pty Ltd v Capital Finance Australia Limited [2011] NSWCA 39 Hewitt v Court (1983) 149 CLR 637 Mackreth v Symmons (1808) 33 ER 778 Romanos v Pentagold Investments Pty Limited (2003) 217 CLR 367; [2003] HCA 58 Sutherland v Vale [2008] NSWSC 759 Tanwar Enterprises Pty Limited v Cauchi (2003) 217 CLR 315; [2003] HCA 57 Category: Procedural and other rulings Parties: Rushcutters Bay Developments Pty Limited (Plaintiff) Dragon Asset Investment Pty Limited (First Defendant) Kai Lung Sze (Second Defendant) Representation: Counsel: Mr M Dawson (Plaintiff) Mr H Altan (Defendants/Cross Claimant)