NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Xabregas v St George Bank – A Division of Westpac Banking Corporation [2017] NSWSC 200 Hearing dates: 1 March 2017 Date of orders: 07 March 2017 Decision date: 07 March 2017 Jurisdiction: Equity Before: Darke J Decision: Leave to lodge further caveat refused. Catchwords: REAL PROPERTY – caveats – caveat lodged by registered proprietor claiming improper exercise of power of sale by mortgagee – caveat lapses – application for leave to lodge further caveat in respect of same interest – grounds for interlocutory injunction to restrain completion of sale made by mortgagee not established – leave to lodge further caveat refused – Real Property Act 1900 (NSW) s 74O Legislation Cited: Real Property Act 1900 (NSW) Cases Cited: CJ Redman Construction Pty Ltd v Tarnap Pty Ltd (2005) 12 BPR 23,395; [2005] NSWSC 1011 Commonwealth Bank of Australia v Hadfield [2004] NSWCA 350 Moallem v Consumer Trader and Tenancy Tribunal [2013] NSWSC 1700 Pendlebury v Colonial Mutual Life Assurance Society Ltd (1912) 13 CLR 676 Sinclair v Hope Investments Pty Ltd [1982] 2 NSWLR 870 Category: Procedural and other rulings Parties: Benvinda Xabregas (Plaintiff) St George Bank Ltd – A Division of Westpac Banking Corporation (Defendant) Representation: Counsel: In person (Plaintiff) Mr S B Docker (Defendant)
Solicitors: Kemp Strang (Defendant) File Number(s): 2017/31287 Publication restriction: None
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