NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Australian Syndicated Mortgage Investments v Evergrand Group Pty Limited [2017] NSWSC 102 Hearing dates: 1 February 2017 Decision date: 02 February 2017 Jurisdiction: Common Law Before: White J Decision: Direct defendant's counsel to bring in short minutes of order. Catchwords: REAL PROPERTY - Torrens title - caveats against dealings – application for extension of caveat – serious question to be tried as to whether plaintiff has an enforceable equitable charge over the subject property – not necessary to resolve issues of construction at interlocutory stage - balance of convenience does not favour extension of caveat – removal of caveat would not defeat or derogate plaintiff's claim - plaintiff unlikely on evidence to be able to satisfy undertaking as to damages Legislation Cited: Civil Procedure Act 2005 (NSW) Real Property Act 1900 (NSW) Cases Cited: Sydney Constructions & Developments Pty Limited v Reynolds Private Wealth Pty Limited [2016] NSWSC 1104 Warner v Andrews [2011] NSWSC 956 Custom Credit Corporation Limited v Ravi Nominees Pty Limited (1992) 8 WAR 42 Category: Procedural and other rulings Parties: Australian Syndicated Mortgage Investments (Plaintiff) Evergrand Group Pty Limited (Defendant) Representation: Counsel: D Pritchard SC with B Koch (Plaintiff) E Finnane (Defendant)
Solicitors: Broadbeach Law Group (Plaintiff) Keypoint Law (Defendant) File Number(s): 2017/3150
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