Left Bank Investments Pty Ltd v Ngunya Jarjum Aboriginal Corporation
[2019] NSWSC 1352
Citation 1
…nterest arising under the agreement giving rise to the caveats – caveats ordered to be removed – TA Lee Investment Pty Ltd v Antonios (2019) 19 BPR 98,864, Roberts v Investwell Pty Ltd (in liq) (2012) 88 ACSR 699 applied…
Ta Lee Investment Pty Ltd v Antonios
[2019] NSWCA 24
Citation 2
…terest claimed – no freehold estate interest arising under the agreement giving rise to the caveats – caveats ordered to be removed – TA Lee Investment Pty Ltd v Antonios (2019) 19 BPR 98,864, Roberts v Investwell Pty Ltd (in liq) (2012) 88 ACSR 699 applied…
Cross Country Realty Victoria Pty Ltd v Ubertas 350 William Street Pty Ltd
[2015] VSCA 347
Citation 3
…e applied in relation to staying the operation of the relevant orders: see Cross Country Realty Victoria Pty Ltd v Ubertas 350 William Street Pty Ltd [2015] VSCA 347. There is a wide discretion to grant a stay. Ordinarily a successful party is entitled to the benefit of a judgment, and the presumption the judgment…
Tomlinson v Ramsey Food Processing Pty Ltd
[2015] HCA 28
Citation 4
…rily resolved’ as a step in reaching the earlier consent order – no issue estoppel – Tomlinson v Ramsey Food Processing Pty Limited [2015] HCA 28 applied…
Roberts v Investwell Pty Ltd (in liq)
[2012] NSWCA 134
Citation 5
…the agreement giving rise to the caveats – caveats ordered to be removed – TA Lee Investment Pty Ltd v Antonios (2019) 19 BPR 98,864, Roberts v Investwell Pty Ltd (in liq) (2012) 88 ACSR 699 applied…
Tasmania Feedlot Pty Ltd v Stagg
[2011] TASSC 48
Citation 6
…necessarily resolved by the earlier order, and where the decision was ‘final and conclusive on the merits’: Tasmania Feedlot Pty Ltd v Stagg [2011] TASSC 48 (which refers to Chamberlain v Deputy Commissioner of Taxation [1988] HCA 21). As the defendant points out: Chamberlain involved the entry of consent judgmen…
Chamberlain v Deputy Commissioner of Taxation
[1988] HCA 21
Citation 7
…nd conclusive on the merits’: Tasmania Feedlot Pty Ltd v Stagg [2011] TASSC 48 (which refers to Chamberlain v Deputy Commissioner of Taxation [1988] HCA 21). As the defendant points out: Chamberlain involved the entry of consent judgment for payment of a part of a sum claimed in the proceeding, by way of comprom…
187 Settlement Road v Kennards Storage Management
[2022] VSC 771
Citation 8
…ias AJA agreed). It is certainly not a freehold estate interest. 25The plaintiffs referred to 187 Settlement Road v Kennards Storage Management [2022] VSC 771, to provide some support for the suggestion that it was appropriate for them to have claimed a freehold estate interest. However, the facts in that case ar…
Ren v Shi
[2012] VSC 271
Citation 9
…mple’ cited by the defendant are equally applicable to an overclaim to ‘freehold estate’: Ren v Shi [2012] VSC 271; Percy & Michele Pty Ltd v Gangemi [2010] VSC 530. 31Accordingly, there is no serious question to be tried regarding the caveats. The caveats cannot be maintained as they overclaim. 32No application…
Kearsley v Robson
[2011] VSC 50
Citation 10
(Para 18)
…20As Daly AsJ pointed out in Kearsley v Robson [2011] VSC 50, at [18], the burden on the caveator is quite substantial: [18]While it is not necessary for the caveator to show that they would, as a matter of certainty, be able to establish a proprietary interest in the relevant property at trial, the evidence mus…
Percy & Michele Pty Ltd v Gangemi
[2010] VSC 530
Citation 11
…e to an overclaim to ‘freehold estate’: Ren v Shi [2012] VSC 271; Percy & Michele Pty Ltd v Gangemi [2010] VSC 530. 31Accordingly, there is no serious question to be tried regarding the caveats. The caveats cannot be maintained as they overclaim. 32No application was made to amend the caveats (which is only avail…
Piroshenko v Grojsman
[2010] VSC 240
Citation 12
…emove a caveat 19Relevant principles in relation to an application to remove a caveat were set out by Warren CJ in Piroshenko v Grojsman and Others (2010) 27 VR 489: [7]Caveats under the Torrens system are treated by the courts as analogous to applications for interlocutory injunctive relief. Insofar as their regis…