Bing and Bing and Anor (No. 2)
Case
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[2009] FamCA 709
•24 July 2009
Details
AGLC
Case
Decision Date
Bing and Bing and Anor (No. 2) [2009] FamCA 709
[2009] FamCA 709
24 July 2009
CaseChat Overview and Summary
In the matter of *Bing and Bing and Anor (No. 2)*, Justice Cronin of the Supreme Court of Victoria considered a dispute between the parties concerning a caveat lodged on 7 May 2009. The application brought before the court involved the husband seeking the withdrawal of this caveat.
The central legal issue before the court was whether the caveat lodged by Rockman and Rockman should be withdrawn. This determination would necessarily involve an assessment of the validity and enforceability of the interest claimed by Rockman and Rockman, which underpinned their right to maintain the caveat.
Justice Cronin ordered that Rockman and Rockman must forthwith withdraw the caveat lodged on 7 May 2009. Furthermore, Rockman and Rockman were ordered to pay the costs of the husband in relation to this application, with costs to be agreed upon or assessed in default of agreement.
The central legal issue before the court was whether the caveat lodged by Rockman and Rockman should be withdrawn. This determination would necessarily involve an assessment of the validity and enforceability of the interest claimed by Rockman and Rockman, which underpinned their right to maintain the caveat.
Justice Cronin ordered that Rockman and Rockman must forthwith withdraw the caveat lodged on 7 May 2009. Furthermore, Rockman and Rockman were ordered to pay the costs of the husband in relation to this application, with costs to be agreed upon or assessed in default of agreement.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Property Law
Legal Concepts
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Costs
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Injunction
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Res Judicata
Actions
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Most Recent Citation
Decola and Decola (No 2) [2021] FamCA 208
Cases Cited
9
Statutory Material Cited
2
J & H Just (Holdings) Pty Ltd v Bank of New South Wales
[1971] HCA 57
Mullane v Mullane
[1983] HCA 4
Paciocco v Australia and New Zealand Banking Group Ltd
[2016] HCA 28