REAL PROPERTY — application to extend caveat — where plaintiff claims interest in property under contract for sale — whether defendants entitled to terminate contract — whether defect in defendants title — where serious question to be tried as to whether illegal sewer connection or omitted easement over property — mere possibility that Sydney Water may exercise statutory power to enter and do work on the property not a defect in title — special conditions preclude claim with respect to location of sewer or omitted easements — no serious question to be tried as to whether defendants entitled to terminate contract — in any event balance of convenience and inadequate undertaking as to damages would not favour extending caveat
Case Details
Citation[2011] NSWSC 278
CourtNSWSC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
