Narui Gold Coast Pty Ltd v Charles Harrison Pty Ltd and Ors [2003] NSWSC 35

Narui Gold Coast Pty Ltd v Charles Harrison Pty Ltd and Ors [2003] NSWSC 35

The contractual charges gave the defendants a caveatable interest, and there was a serious issue to be tried as to whether rights under the indemnity clauses survived termination and whether the defendants' claims for damages were, in whole or in part, indemnities or accrued rights under the contracts. The defendants' claims therefore may have substance within section 74K, justifying extension of the caveats.

Jurisdiction
Australia
Judgment Date
11 February 2003
Procedural Posture
Applications by First and Second Defendants Under Section 74 K of the Real Property Act 1900 (nsw) to Extend the Operation of Two Caveats / Judgment on Applications Following Issue of a Lapsing Notice
Outcome
Operation of caveats extended.
Legal Topics
['caveats' 'caveatable Interest' 'charge Over Land' 'contracts for Sale of Land' 'indemnity Clauses' 'termination of Contract' 'accrued Contractual Rights']
['real Property' 'equity' 'contract'] ['caveats' 'caveatable Interest' 'charge Over Land' 'contracts for Sale of Land' 'indemnity Clauses' 'termination of Contract' 'accrued Contractual Rights']

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Procedural Posture

Applications by First and Second Defendants Under Section 74 K of the Real Property Act 1900 (nsw) to Extend the Operation of Two Caveats / Judgment on Applications Following Issue of a Lapsing Notice

Legal Issues

  1. 1 ['Whether the operation of Caveat numbered 8367196 and Caveat numbered 8190703 should be extended under section 74K of the Real Property Act 1900 (NSW).' "Whether the defendants' claims under the indemnity clauses and charges in the contracts have or may have substance after termination of the contracts." 'Whether the defendants\' claims for damages fall within the contractual expression "indemnity or indemnities" and constitute accrued rights secured by the charges.']

Ratio Decidendi

The contractual charges gave the defendants a caveatable interest, and there was a serious issue to be tried as to whether rights under the indemnity clauses survived termination and whether the defendants' claims for damages were, in whole or in part, indemnities or accrued rights under the contracts. The defendants' claims therefore may have substance within section 74K, justifying extension of the caveats.

Court Disposition

Operation of caveats extended.

Orders

  • ["On the first and second defendants' undertaking as to damages, the operation of Caveat numbered 8367196 is extended until further order." "On the first and second defendants' undertaking as to damages, the operation of Caveat numbered 8190703 is extended until further order."]