Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie (No. 5) [2018] NSWSC 567

Supreme Court New South Wales

Medium Neutral Citation: Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie (No. 5) [2018] NSWSC 567 Hearing dates: 18, 24, 26 April 2018 and 1 May 2018 Date of orders: 01 May 2018 Decision date: 01 May 2018 Jurisdiction: Equity Before: Slattery J Decision: Caveator ordered under Real Property Act 1990, s 74MA to withdraw the caveat. Caveator restrained under Real Property Act, s 74O from lodging further caveats. Caveator ordered to pay the plaintiffs' costs on the indemnity basis. Catchwords: REAL PROPERTY - caveats - withdrawal of caveats - Real Property Act, s 74MA - contract for sale of land made in October 2014 - specific performance of the contract for sale ordered in May 2017 - settlement scheduled before the Registrar in Equity on 11 April 2018 - caveat lodged on 4 April 2018 - plaintiffs apply on 18 April 2018 for orders under Real Property Act, s 74MA that the caveator withdraw the caveat and for orders under Real Property Act, s 74O that the caveator be restrained from lodging further caveats - whether the Court should exercise its discretion under Real Property Act, s 74MA to order the withdrawal of the caveat - whether there is a serious question to be tried - what is the balance of convenience - whether an order restraining the caveator from lodging further caveats should be made - whether caveators should pay the plaintiffs' costs and if so on the indemnity basis. Legislation Cited: Civil Procedure Act 2005, ss 56, 98 Real Property Act 1900, ss 74O, 74MA Uniform Civil Procedure Rules 2005, rr 42.1, 42.2 Cases Cited: Bitek Pty Ltd v IConnect Pty Ltd [2012] FCA 506 Circuit Finance Pty Ltd v Crown and Gleeson Securities Pty Ltd (2005) 12 BPR 23,403 Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Hanson Construction Materials Pty Ltd v Roberts (2016) 93 NSWLR 1 Harrison v Schipp (2002) 54 NSWLR 738 Oshlack v Richmond River Council (1998) 193 CLR 72 Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie [2017] NSWSC 1509 Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie (No. 2) [2018] NSWSC 22 Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie (No. 3) [2018] NSWSC 381 Pham v Mazen Zraika; Pham v Sebie (No. 4) [2018] NSWSC 566 Schibaia v Elias [2013] NSWSC 1485 Category: Procedural and other rulings Parties: Counsel: