Chen v Sunshine Light Property Pty Ltd

Case [2017] WASC 14


CHEN -v- SUNSHINE LIGHT PROPERTY PTY LTD [2017] WASC 14



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2017] WASC 14
Case No:CIV:2903/201623 DECEMBER 2016
Coram:TOTTLE J13/02/17
17Judgment Part:1 of 1
Result: Extension of caveat granted
Injunction granted
B
PDF Version
Parties:HUI MIN CHEN
SUNSHINE LIGHT PROPERTY PTY LTD
WEI MIN SUN
SHAN SU XING

Catchwords:

Conveyancing
Caveat
Section 138C of Transfer of Land Act 1893 (WA)
Extension of caveat
First plaintiff claims an equitable interest by reason of specifically enforceable obligation contained in Acknowledgement of Debt to provide second mortgage
Injunction application
Where the plaintiff seeks a  mandatory injunction requiring the defendants' solicitors to inform him of the anticipated settlement proceeds within a reasonable time prior to settlement of the units as required by the Acknowledgement of Debt
Injunction granted

Legislation:

Oaths, Affidavits and Statutory Declarations Act 2005 (WA), s 14(1)
Transfer of Land Act 1893 (WA), s 188C

Case References:

Avco Financial Services Ltd v White [1977] VR 561
Bashford v Bashford [2008] WASC 138
Bride v The Registrar of Titles [2015] WASC 11
GE Commercial Corporation (Australia) Pty Ltd v Future Network (Albury) Pty Ltd [2013] NSWSC 1228
Lampion v Lampion [2015] NSWSC 589
Mineralogy Pty Ltd v Sino Iron Pty Ltd [2016] WASCA 105
Navarac Pty Ltd v Moondancer Holdings Pty Ltd [2009] WASCA 95
Penny Nominees Pty Ltd v Fountain (No 2) (Unreported, NSWSC, 12 February 1990)
Schulz v Turner [2008] NSWSC 24
Southern Wine Corporation Pty Ltd (in liq) v Frankland River Olive Co Ltd [2005] WASCA 236; (2005) 31 WAR 162
Swiss Bank Corporation v Lloyds Bank Ltd [1981] 2 All ER 449; [1982] AC 594
Theodore v Mistford Pty Ltd [2005] HCA 45; (2005) 221 CLR 612


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : CHEN -v- SUNSHINE LIGHT PROPERTY PTY LTD [2017] WASC 14 CORAM : TOTTLE J HEARD : 23 DECEMBER 2016 DELIVERED : 13 FEBRUARY 2017 FILE NO/S : CIV 2903 of 2016 BETWEEN : HUI MIN CHEN
    Plaintiff

    AND

    SUNSHINE LIGHT PROPERTY PTY LTD
    First Defendant

    WEI MIN SUN
    Second Defendant

    SHAN SU XING
    Third Defendant

Catchwords:

Conveyancing - Caveat - Section 138C of Transfer of Land Act 1893 (WA) - Extension of caveat - First plaintiff claims an equitable interest by reason of specifically enforceable obligation contained in Acknowledgement of Debt to provide second mortgage



Injunction application - Where the plaintiff seeks a mandatory injunction requiring the defendants' solicitors to inform him of the anticipated settlement proceeds within a reasonable time prior to settlement of the units as required by the Acknowledgement of Debt - Injunction granted

Legislation:

Oaths, Affidavits and Statutory Declarations Act 2005 (WA), s 14(1)


Transfer of Land Act 1893 (WA), s 188C

Result:

Extension of caveat granted


Injunction granted

Category: B


Representation:

Counsel:


    Plaintiff : Mr J Taylor
    First Defendant : Mr S G Leslie
    Second Defendant : Mr S G Leslie
    Third Defendant :…

Continue reading Chen v Sunshine Light Property Pty Ltd

Sign in free to access the full text

Details
AGLC
Chen v Sunshine Light Property Pty Ltd [2017] WASC 14
Case
[2017] WASC 14
Decision Date

CaseChat Overview and Summary

In the matter of Chen v Sunshine Light Property Pty Ltd, the plaintiff, Chen, sought to extend a caveat over certain land against the defendants, Sunshine Light Property Pty Ltd and others. The dispute arose from Chen's claim of an equitable interest in the land by reason of an obligation contained within an Acknowledgement of Debt, which Chen alleged required the defendants to provide a second mortgage to Chen. Chen also sought an injunction requiring the defendants' solicitors to inform him of the anticipated settlement proceeds within a reasonable time prior to settlement of the units.

The primary legal issue before the court was whether Chen was entitled to an extension of the caveat over the land and an injunction against the defendants' solicitors. The court had to consider whether Chen had established a sufficient basis for claiming an equitable interest in the land, and whether the Acknowledgement of Debt contained a specifically enforceable obligation. Additionally, the court needed to determine whether the relief sought by Chen through the injunction was appropriate.

The court held that Chen was entitled to an extension of the caveat because he had demonstrated a real and substantial controversy over the equitable interest in the land, and there were reasonable grounds for his apprehension. The court found that the Acknowledgement of Debt contained a specifically enforceable obligation which entitled Chen to a second mortgage. In relation to the injunction, the court granted the injunction as it was satisfied that the anticipated settlement proceeds were material to Chen's ability to enforce his equitable interest. The court considered that the injunction was necessary to ensure that Chen had sufficient time to take appropriate action before settlement of the units.

The court ordered that the caveat be extended and that the defendants' solicitors provide Chen with the anticipated settlement proceeds within a reasonable time prior to settlement of the units.

Orders

Orders of the court

Extension of caveat granted

Injunction granted

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.