Wonderland Business Park Pty Ltd v Hartford Lane Pty Ltd

[2001] NSWSC 86

Reported Decision: (2001) 10 BPR 18, 733
[2001] NSWSC 86
[2001] ACL Rep 355 NSW 10

New South Wales

Supreme Court

CITATION:	Wonderland Business Park Pty. Ltd. & Anor. v. Hartford Lane Pty. Ltd. & Anor. [2001] NSWSC 86
CURRENT JURISDICTION:	Equity Division
FILE NUMBER(S):	SC 1557/01
HEARING DATE(S):	23 February 2001
JUDGMENT DATE:	23 February 2001
PARTIES :	Wonderland Business Park Pty Limited - 1st plaintiff Cavcorp Pty. Limited - 2nd plaintiff Hartford Lane Pty. Limited - 1st defendant Fifty Cavill Avenue Pty. Limited - 2nd defendant
JUDGMENT OF:	Hodgson CJinEq at 1

COUNSEL :	Mr. D. Williams for plaintiff Ex parte application
SOLICITORS:	Carbone & Associates, Solicitors, Fairfield
CATCHWORDS:	PROPERTY - Real Property - Torrents system - Caveat - Lapsing notice - Application for extension brought on last day - No satisfactory explanation - Application refused.
DECISION:	See end of judgment

IN THE SUPREME COURT
OF NEW SOUTH WALES
EQUITY DIVISION

CORAM: HODGSON, CJ in Eq.

Friday 23rd February 2001

NO. 1557 OF 2001
WONDERLAND BUSINESS PARK PTY. LTD. & ANOR. V. HARTFORD LANE PTY. LTD. & ANOR.

JUDGMENT

1   This is an application for extension of a caveat.

2   The lapsing notice was received by the solicitors for the plaintiffs on 2nd February 2001. The application is brought on the day when the caveat is due to expire. It is said that the principal of the applicant was not available to swear an affidavit because of other business commitments. However, there is no evidence to that effect, and no detailed explanation of why those commitments meant that this application had to be made on the last day.

3   For those reasons, I refuse the ex parte application.

4   I will grant short notice and I will note that on the return of the summons, the plaintiff may be seeking either leave to lodge a fresh caveat, or alternatively an injunction.

5   I appoint 27th February 2001 for the return of the summons which I initial and date.

6   I direct that the summons and affidavits in support be served on Minter Ellison, Solicitors, at or before 5pm today, and if they do not accept service on behalf of the defendants, on the defendants at or before 12 noon on 26th February 2001.

7   I note that on the return of the summons, the plaintiff may seek leave to lodge further caveats, or alternatively an injunction.

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Last Modified: 02/27/2001