› Where plaintiff lodged caveat against the property
› Where plaintiff’s interest in the property is likely a ‘mere equity’ and not an equitable interest
› Where it is established caveats cannot protect ‘mere equities’
› Where the Court found no caveatable interest so that the caveat cannot be maintained
Land Law
› Caveats
› Removal of caveat
› Whether judgment creditors have standing to seek an order for the withdrawal of a caveat pursuant to s 74MA of the Real Property Act
› Where judgment creditors do not have an estate or interest in the property
› Where it is established that the issue of a writ for the levy of property does not grant judgment creditors an estate or interest in property
› Where the Court found that the judgment creditors do not have the requisite standing
Land Law
› Caveats
› Removal of caveat
› Service of lapsing notice
› Whether lapsing notice issued by the Registrar-General on the application of judgment creditors pursuant to s 74I of the Real Property Act was improperly issued or invalid
› Where plaintiff claimed lapsing notice was invalid because second writ had already been registered
› Where plaintiff failed to establish this in fact
› Where the Court found that lapsing notice was probably not improperly issued or invalid
Case Details
Citation[2021] NSWSC 753
CourtNSWSC
JurisdictionNew South Wales
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