2-6 First Ave Pty Ltd v Aquamore Credit Equity Pty Ltd [2018] NSWSC 980

Supreme Court New South Wales

Medium Neutral Citation: 2-6 First Ave Pty Ltd v Aquamore Credit Equity Pty Ltd [2018] NSWSC 980 Hearing dates: 25 June 2018 Date of orders: 27 June 2018 Decision date: 27 June 2018 Jurisdiction: Equity Before: Darke J Decision: Application to extend the operation of a caveat refused. Catchwords: LAND LAW – caveats – removal of caveat – service of lapsing notice – caveator claims interest as purchaser under contract for sale of land – vendor terminates contract following alleged repudiation by purchaser – whether serious question to be tried as to existence of caveator's claimed interest – balance of convenience – caveator not able to proffer undertaking as to damages that has substance – Real Property Act 1900 (NSW), s 74K(2) Legislation Cited: Real Property Act 1900 (NSW), s 74K Cases Cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; [2006] HCA 46 DTR Nominees Pty Ltd v Mona Homes Pty Ltd (1978) 138 CLR 423 DCT Projects Pty Ltd v Champion Homes Sales Pty Ltd [2016] NSWCA 117 Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd (2007) 233 CLR 115; [2007] HCA 61 Beca Developments Pty Ltd v Idameneo (No 92) Pty Ltd (1990) 21 NSWLR 459 Category: Procedural and other rulings Parties: 2-6 First Ave Pty Ltd (Plaintiff) Aquamore Credit Equity Pty Ltd (Defendant) Representation: Counsel: Mr A Rogers (Plaintiff) Mr G A Sirtes SC with Ms A Avery-Williams (Defendant)

Solicitors: John B Hajje & Associates (Plaintiff) Independent Legal Pty Ltd (Defendant) File Number(s): 2018/189826 Publication restriction: None