Blythe v Blythe [2018] NSWSC 1310

Supreme Court New South Wales

Medium Neutral Citation: Blythe v Blythe [2018] NSWSC 1310 Hearing dates: 23 August 2018 Date of orders: 23 August 2018 Decision date: 23 August 2018 Jurisdiction: Equity - Duty List Before: Kunc J Decision: Caveat to be removed; defendant to pay plaintiff's costs Catchwords: LAND LAW — Caveats — Caveatable interest — What constitutes a caveatable interest — Interest in proceeds of sale not an interest in land Cases Cited: Blythe v Willis [2018] NSWSC 131 Category: Principal judgment Parties: Jill Ann Blythe (Plaintiff)

David Blythe (Defendant) Representation: Counsel: D Murr SC; M Fraser (Plaintiff) F Busby (Defendant)

Solicitors: Holman Webb (Plaintiff) Sun & Co Lawyers (Defendant) File Number(s): 2018/250626 Publication restriction: No

EX TEMPORE Judgment (REVISED)

Summary 1. By a summons filed on 15 August 2018 the plaintiff claims the following relief: "The Plaintiff claims: 1. Pursuant to s 74MA of the Real Property Act 1900 the defendant is to withdraw caveat No. XXX in respect of the land contained in Folio Identifier XXX by 22 August 2018. 2. That the defendant, by himself, his servants and agents, be restrained from lodging any further caveat in respect of the land comprised in Folio Identifier XXX. 3. Costs. 4. Further or other relief as the nature of the matter may require." 1. The plaintiff was represented by Mr Murr SC with Ms Fraser of Counsel. The defendant was represented by Mr Busby, Solicitor, as town agent for the defendant's solicitors. 2. For the reasons which follow — essentially, that the defendant has failed to demonstrate that there is a serious question to be tried that he has a caveatable interest — the Court has concluded that the plaintiff is entitled to an order that the defendant withdraw the caveat which is the subject of these proceedings and that the defendant should pay the plaintiff's costs of the proceedings.