Markovsky v Teplitsky

In *Markovsky v Teplitsky*, the Supreme Court of New South Wales was asked to consider an application to extend the operation of two caveats lodged by Ms Markovsky against properties owned by Mr Teplitsky. Ms Markovsky claimed an interest in the properties, which Mr Teplitsky disputed.

The primary legal issue before the Court was whether Ms Markovsky had established a sufficient basis to justify the continued operation of the caveats under section 74K of the *Real Property Act 1900* (NSW). This required the Court to determine if there was a reasonable basis for the existence of the interest claimed in the caveats, or if an alternative arguable interest could be suggested.

Macfarlan JA found that Ms Markovsky had failed to demonstrate a reasonable basis for the interest she claimed in the caveats. His Honour concluded that there was no arguable basis for the existence of the interest claimed, nor was there any alternative arguable interest that could be suggested. Consequently, the Court dismissed Ms Markovsky’s notice of motion and ordered that she pay Mr Teplitsky’s costs.