McKeand & Anor v Thomas & Anor [2005] NSWSC 419

McKeand & Anor v Thomas & Anor [2005] NSWSC 419

The Plaintiffs established a sufficiently arguable case for a caveatable interest and the balance of convenience does not require that the caveat not be extended; thus, the caveat is extended until further order pending resolution of the proceedings.

Jurisdiction
Australia
Judgment Date
19 April 2005
Procedural Posture
Application to Extend Caveat / Interlocutory
Outcome
Caveat extended until further order. Costs reserved.
Legal Topics
['caveats' 'easements' 'specific Performance' 'balance of Convenience']
['property Law' 'equity'] ['caveats' 'easements' 'specific Performance' 'balance of Convenience']

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Procedural Posture

Application to Extend Caveat / Interlocutory

Legal Issues

  1. 1 ['Whether there is a sufficiently arguable case of a caveatable interest to extend the caveat' 'Whether the balance of convenience favours extension of the caveat' "Whether the Plaintiffs are entitled to maintain a caveat despite the Defendants' undertaking"]

Ratio Decidendi

The Plaintiffs established a sufficiently arguable case for a caveatable interest and the balance of convenience does not require that the caveat not be extended; thus, the caveat is extended until further order pending resolution of the proceedings.

Court Disposition

Caveat extended until further order. Costs reserved.

Orders

  • ['Caveat extended until further order.' 'Costs of the application reserved.']