The Woodsman Pty Ltd v Jozic [2018] NSWSC 1311

Supreme Court New South Wales

Medium Neutral Citation: The Woodsman Pty Ltd v Jozic [2018] NSWSC 1311 Hearing dates: 16 August 2018 Date of orders: 16 August 2018 Decision date: 16 August 2018 Jurisdiction: Equity Before: Darke J Decision: Summons seeking orders in respect of a caveat dismissed with costs. Catchwords: LAND LAW – caveats – where the nature of the claimed interest is uncertain on its face – deficiency in caveat cannot be overcome by s 74L of the Real Property Act 1900 (NSW) or by orders permitting the amendment of the caveat – inappropriate to grant leave to lodge a further caveat under s 74O of the Real Property Act 1900 (NSW) where the interest to be claimed in a fresh caveat would not be in respect of the same estate, interest or right Legislation Cited: Real Property Act 1900 (NSW), s 74K, s 74L, s 74O Cases Cited: Allen Taylor & Co Pty Ltd v Harrison [2010] NSWSC 1021 Circuit Finance Pty Ltd v Crown and Gleeson Securities Pty Ltd [2005] NSWSC 997 Depsun Pty Ltd v Tahore Holdings Pty Ltd (1990) 5 BPR 11,314 FTFS Holdings Pty Ltd v Business Acquisitions Australia Pty Ltd [2006] NSWSC 846 Hanson Construction Materials Pty Ltd v Vimwise Civil Engineering Pty Ltd [2005] NSWSC 880 In The Marriage of Stevens (1991) 105 FLR 459 Multi-Span Constructions No 1 Pty Ltd v 14 Portland Street Pty Ltd [2001] NSWSC 696 Ron Medich Properties Pty Ltd v McGurk [2010] NSWSC 552 Windella (NSW) Pty Ltd v Hughes (1999) 49 NSWLR 158 Warner v Andrews [2011] NSWSC 956 Category: Principal judgment Parties: The Woodsman Pty Ltd (Plaintiff) Alen Jozic (Defendant) Representation: Counsel: Mr D W Robertson (Plaintiff) Mr J A Rose (Defendant)