Malass v Alam

[2026] NSWSC 151

Supreme Court of NSW

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Interrogate

Catchwords

1. REAL PROPERTY — caveats — leave to lodge further caveat under s 74O — contracts entered into for purchase of cryptocurrency tokens — multiple causes of action — where interest in property is protected by alternative property with caveat — whether serious question to be tried — balance of convenience — comparison of potential harm to caveator if order not made and to caveatee if order made

Quick Take

Confirms that where a defendant offers alternate security that is functionally equivalent to the caveator's claimed proprietary interest (including a tracing claim, not merely a monetary security interest), the balance of convenience may favour accepting that alternate security and refusing leave to lodge a further caveat under s 74O, particularly where the caveator's undertaking as to damages is practically worthless and the caveat would deny the registered proprietor access to substantial funds needed for litigation costs.