Day v Munday [2019] NSWSC 452

Supreme Court New South Wales

Medium Neutral Citation: Day v Munday [2019] NSWSC 452 Hearing dates: 23 April 2019 Date of orders: 23 April 2019 Decision date: 23 April 2019 Jurisdiction: Equity - Duty List Before: Kunc J Decision: Summons dismissed with costs. Catchwords: LAND LAW — Caveats — Caveatable interest — No arguable case for an interest in land Legislation Cited: Real Property Act 1900 (NSW) Cases Cited: Stojanovski v Stojanovski [2013] NSWSC 1491 Woodsman Pty Limited v Jozic [2018] NSWSC 1311 Category: Principal judgment Parties: Henry Coglin Day (Plaintiff)

Frances Helen Munday (Defendant) Representation: Counsel:

H Day (Plaintiff in person) A R Jordan (Defendant)

Solicitors:

Johnson & Sendall (Defendant) File Number(s): 2019/114749 Publication restriction: No

Ex Tempore Judgment (REVISED)

Summary 1. This is an application by the plaintiff ("Mr Day") to extend the operation of a caveat (the "Caveat") over a property in Goulburn (the "Goulburn Property") which is owned by the defendant ("Mrs Munday"), who is Mr Day's mother. 2. Mr Day has represented himself since the inception of these proceedings by the filing of his summons in the Duty List on 12 April 2019. Mr A R Jordan of counsel has appeared for Mrs Munday, who opposes the extension of the operation of the Caveat. 3. The ground of opposition to the extension is straightforward, namely that the Caveat does not disclose a caveatable interest in the Goulburn Property. For the reasons which follow, the Court accepts that submission.