LAND LAW — Caveats — Removal of caveat — Application to remove caveat over property under a contract of sale entered into on 11 December 2020, settlement having been delayed since February 2021 — several prior caveats lodged and claims made by the Defendants and related parties on and in respect of the property — the Court, on prior occasions, ordered that all caveats lodged by the Defendants (and other related parties, including the Defendants’ mother) be removed — Plaintiff contends there is no serious question to be tried and no injunction would be granted to the caveators to preclude the sale and that the balance of convenience favours the removal of the caveat — where the property is subject to two registered mortgages and the debt under the second mortgage will not come close to being satisfied by sale of the property, and where the Defendants claim an equitable interest — whether there is a lack of utility — Held: there is no utility in the caveat because there could be no balance over which the Defendants can make a claim, the caveat is not bona fide, and the balance of convenience strongly favours the progress of the sale.
Case Details
Citation[2021] NSWSC 1105
CourtNSWSC
JurisdictionNew South Wales
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