Ron Medich Properties Pty Limited v McGurk

[2010] NSWSC 552

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Caveat
2. › DEFECT
3. › whether caveator’s claimed interest as equitable mortgagee by subrogation sufficiently described in caveat as “constructive trust”
4. › whether defect fatal.
1. LEAVE UNDER s 74O
2. › whether new caveat would be abuse of caveat procedure
3. › no evidence from caveator’s director
4. › two previous and contradictory statements of director as to transaction.
1. Procedure
2. › whether, at conclusion of hearing, adjournment should be granted to allow new evidence.