Alanbert Pty Ltd v Bulevi Pty Ltd

Alanbert Pty Ltd brought a claim against Bulevi Pty Ltd in relation to a property dispute concerning the discharge of a mortgage. The matter was heard in the Supreme Court of New South Wales. The dispute centred around the process for discharging a mortgage under the Torrens system, particularly the necessity for service of a copy of a notice of demand on a caveator who claims as an unregistered mortgagee or chargee.

The court was required to determine the legal criteria for when a copy of the notice of demand must be served on an unregistered mortgagee or chargee. The primary issue was whether the unregistered mortgagee or chargee's claim needed to be explicitly stated on the face of the caveat for such service to be necessary. The court also considered the procedural implications, specifically whether the conduct of the parties warranted a departure from the general rule on costs and if an order for indemnity costs was appropriate.

The court found that for a copy of the notice of demand to be served on the caveator, the claim of the unregistered mortgagee or chargee must be clearly indicated on the face of the caveat. The court emphasised the importance of clarity in the presentation of claims to ensure proper legal processes are followed. Additionally, the court ruled that the conduct of the parties, particularly in raising issues that were essentially predetermined, warranted a departure from the usual cost allocation. The court ordered that indemnity costs be paid to the successful party due to the vexatious nature of the process and the unnecessary conduct of the parties.

The final orders included the determination that a copy of the notice of demand must be served when the unregistered mortgagee or chargee's claim is explicitly noted on the caveat. Furthermore, the court ordered Bulevi Pty Ltd to pay indemnity costs to Alanbert Pty Ltd due to the vexatious nature of the proceedings.