NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Bonheur Holdings Pty Ltd v Mercia Financial Solutions Pty Ltd [2018] NSWSC 1962 Hearing dates: 12 December 2018 Date of orders: 12 December 2018 Decision date: 14 December 2018 Jurisdiction: Equity - Duty List Before: Stevenson J Decision: First defendant to deliver executed withdrawal of caveat upon delivery to it of executed deed of charge Catchwords: LAND LAW – Caveats – Removal of caveat - application to remove caveat lodged by first defendant on plaintiff's property pursuant to s 74MA of the Real Property Act 1900 (NSW) – common ground there is serious question to be tried that first defendant has caveatable interest – balance of convenience – danger that plaintiff's registered mortgagee would commence recovery action if caveat not removed – director of plaintiff and his mother offered charge over jointly owned alternate property with adequate equity – no evidence of value of undertaking as to damages proffered by caveator Legislation Cited: National Consumer Credit Protection Act 2009 (Cth) Real Property Act 1900 (NSW) Category: Principal judgment Parties: Bonheur Holdings Pty Ltd (Plaintiff) Mercia Financial Solutions Pty Ltd (First Defendant) Revathi Vasan (Interested Party) Representation: Counsel: N M Bender (Plaintiff) P A Horobin (First Defendant)
Solicitors: Mills Oakley (Plaintiff) Click Law (First Defendant) Metro Lawyers (Interested Party) File Number(s): SC 2018/376085
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