Thomson v Golden Destiny Investments Pty Ltd (No 3) [2016] NSWSC 78

Thomson v Golden Destiny Investments Pty Ltd (No 3) [2016] NSWSC 78

While Mr and Mrs Alonso were denied an opportunity to bid at relevant property auctions due to the caveat, the Court was unable to conclude that the lost opportunity had any ascertainable or non-negligible value; causation of compensable loss was not proven on the evidence.

Jurisdiction
Australia
Judgment Date
17 February 2016
Procedural Posture
Application for Compensation (equity Expedition List) / Judgment on Application for Compensation Under S 74 P Real Property Act
Outcome
Application dismissed
Legal Topics
['caveats' 'compensation for Wrongful Caveat' 'loss of Opportunity' 'causation']
['real Property' 'equity'] ['caveats' 'compensation for Wrongful Caveat' 'loss of Opportunity' 'causation']

Case Brief

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Procedural Posture

Application for Compensation (equity Expedition List) / Judgment on Application for Compensation Under S 74 P Real Property Act

Legal Issues

  1. 1 ['Whether the lodgement and maintenance of the caveat without reasonable cause by NGI caused pecuniary loss to Mr and Mrs Alonso under s 74P Real Property Act' 'Whether Mr and Mrs Alonso suffered compensable loss due to being deprived of the opportunity to purchase alternative property']

Ratio Decidendi

While Mr and Mrs Alonso were denied an opportunity to bid at relevant property auctions due to the caveat, the Court was unable to conclude that the lost opportunity had any ascertainable or non-negligible value; causation of compensable loss was not proven on the evidence.

Court Disposition

Application dismissed

Orders

  • ['Application for compensation under s 74P Real Property Act is dismissed']