NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Guirgis v JEA Developments Pty Limited [2019] NSWSC 164 Hearing dates: 22 February 2019 Decision date: 26 February 2019 Jurisdiction: Equity - Duty List Before: Kunc J Decision: Licensed conveyancer not referred to Secretary, NSW Fair Trading Catchwords: LAND LAW — Caveats — Formal requirements — Obligations of licensed conveyancer who certifies electronically lodged caveat — Failure to make any proper inquiries to ascertain whether caveator had an interest in the subject land — Whether Court should of its own motion refer licensed conveyancer to Secretary, NSW Fair Trading for consideration of disciplinary action Legislation Cited: Electronic Conveyancing (Adoption of National Law) Act 2012 (NSW) Electronic Conveyancing National Law (NSW) Real Property Act 1900 (NSW) Real Property Regulation 2014 (NSW) NSW Conveyancing Rules NSW Participation Rules for Electronic Conveyancing (Version 5) Cases Cited: ASIC v Vines [2005] NSWSC 738; (2005) 55 ACSR 617 Vines v Australian Securities and Investments Commission [2007] NSWCA 75; (2007) 73 NSWLR 451 Category: Procedural and other rulings Parties: Kirrolos Ghabriel Guirgis (Plaintiff)
JEA Developments Pty Ltd ACN 622 616 3030 (Defendant) Representation: Counsel:
J. Rose (Plaintiff) M. Guirgis (Director, by leave, for the Defendant)
Solicitors: Reuben Mansour (Plaintiff) File Number(s): 2019/51390 Publication restriction: No
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