Xinfeng Australia International Investment Pty Ltd v GR Capital Group Pty Ltd [2019] NSWSC 884

Supreme Court New South Wales

Medium Neutral Citation: Xinfeng Australia International Investment Pty Ltd v GR Capital Group Pty Ltd [2019] NSWSC 884 Hearing dates: 3 July 2019 Date of orders: 03 July 2019 Decision date: 03 July 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Order (1) made on 13 August 2018 be varied to provide as follows: Upon the plaintiff by its counsel giving the usual undertaking as to damages, the operation of caveat AN467327 be extended until further order of this Court. For the avoidance of doubt, this order shall not prevent: a) in accordance with s 74H of the Real Property Act 1900 (NSW), the registration of any dealing or plan, which would otherwise be prohibited by caveat AN467327 as its operation is extended by this order, with the written consent of the first plaintiff (Xinfeng Australia International Investment Pty Ltd ACN 611 966 664); or b) the first plaintiff or its authorised agent from withdrawing caveat AN467327 over the land comprised in folio identifier 100/1209106 or any lot into which that land is subdivided. Catchwords: JUDGMENTS AND ORDERS – Amending, varying and setting aside – Consent orders

LAND LAW – Caveat Legislation Cited: Conveyancing Act 1919 (NSW) s 88B Real Property Act 1900 (NSW) ss 74F, 74H, 74LA, 74M Category: Procedural and other rulings Parties: Everest Private Pty Limited (First Applicant) Ryan Eagle and Philip Quinlan in their capacities as receivers and managers of the property of GR Capital Group Pty Limited (Second Applicant) Representation: Counsel: G Ng (Applicants)