Rolico Pty Ltd v Quen Jen Fu

Rolico Pty Ltd sought to extend a caveat over a property and obtain an injunction to prevent the respondent, Quen Jen Fu, from completing the sale of the property. The application was made in the Supreme Court of New South Wales. The central issue before the court was whether the caveat could be extended and an injunction granted, given the delay in bringing the application and the dispute over the authenticity of an option to purchase the property.

The court found that there was significant delay in bringing the application, and the applicant had not provided a satisfactory explanation for this delay. Furthermore, the court was not satisfied that the option to purchase was genuine, due to the absence of any evidence to support its authenticity. The applicant's undertaking as to damages, given the company's nominal paid-up capital, was also insufficient to persuade the court to grant the relief sought. The court held that the delay and lack of evidence regarding the option to purchase were fatal to the application.

Consequently, the application to extend the caveat and for an injunction was refused. The court found that the case did not present any novel legal principles that warranted further consideration. The final orders were that Rolico Pty Ltd pay Quen Jen Fu's costs of the application.