Commonwealth Bank of Australia Ltd v Maksacheff [2017] NSWSC 587

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia Ltd v Maksacheff [2017] NSWSC 587 Hearing dates: 2, 4, 8, 12 May 2017 Date of orders: 12 May 2017 Decision date: 12 May 2017 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Pursuant to s 74MA of the Real Property Act 1900 (NSW), the second defendant be required to withdraw the caveat having dealing number AM1031090 lodged on the property with folio identifier 2/1135174 and located at 59 Lawson Rd, Panuara NSW by 10:00 am on Tuesday 16 May 2017.

(2) The second defendant is to pay the plaintiff's costs of this notice of motion. Catchwords: REAL PROPERTY – torrens title – caveats against dealings – removal of caveat – where caveat based on intellectual property – where caveator claimed copyright over signature on mortgage document – whether copyright over signature on mortgage creates a caveatable interest in subject land – no merit to caveatable interest claimed Legislation Cited: Bills of Exchange Act 1909 (Cth) Copyright Act 1968 (Cth) Copyright Amendment (Moral Rights) Act 2000 (Cth) Designs Act 1906 (Cth) Real Property Act 1900 (NSW) Reserve Bank Act 1959 (Cth) Trade Marks Act 1995 (Cth) Cases Cited: Hanson Construction Materials Pty Ltd v Roberts [2016] NSWCA 240 Texts Cited: Australian Style Manual, 6th ed. Code of Banking Practice Category: Consequential orders (other than Costs) Parties: Commonwealth Bank of Australia (Plaintiff) Daniel James Maksacheff (First Defendant) Representation: R Lewin, solicitor (Plaintiff) D Maksacheff (self-represented)/G Jeffrey (not a legal practitioner) File Number(s): 2015/158687 Publication restriction: Nil