Gippsreal Ltd v Paul Vincent Hanna [2009] NSWSC 169

Gippsreal Ltd v Paul Vincent Hanna [2009] NSWSC 169

The caveator did not oppose withdrawal and the registered proprietor had no entitlement to keep a caveat on title in which he had no interest. Mr Hanna had not shown an ability to pay the mortgage debt into Court or otherwise provided material sufficient to justify an injunction or delaying removal of the caveat. The application to remove the caveat was therefore granted.

Jurisdiction
Australia
Judgment Date
23 February 2009
Procedural Posture
Notice of Motion Seeking Discharge of Order Extending Caveat and Removal of Caveat / Equity Division Duty Judge List; Ex Tempore Judgment
Outcome
Application granted; caveat ordered to be withdrawn and to cease to have effect forthwith.
Legal Topics
['caveats' 'removal of Caveat' 'mortgagee Power of Sale' 'sale at Alleged Undervalue' 'injunction to Restrain Mortgagee Sale']
['real Property' 'equity' 'mortgages'] ['caveats' 'removal of Caveat' 'mortgagee Power of Sale' 'sale at Alleged Undervalue' 'injunction to Restrain Mortgagee Sale']

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Procedural Posture

Notice of Motion Seeking Discharge of Order Extending Caveat and Removal of Caveat / Equity Division Duty Judge List; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the registered proprietor could resist removal of a caveat where the caveator did not wish to sustain it and the mortgagee sought removal.' "Whether an adjournment or interim protection should be granted to allow the registered proprietor to bring proceedings restraining the mortgagee's sale on the basis of alleged undervalue." "Whether the material before the Court justified an injunction restraining the mortgagee's sale."]

Ratio Decidendi

The caveator did not oppose withdrawal and the registered proprietor had no entitlement to keep a caveat on title in which he had no interest. Mr Hanna had not shown an ability to pay the mortgage debt into Court or otherwise provided material sufficient to justify an injunction or delaying removal of the caveat. The application to remove the caveat was therefore granted.

Court Disposition

Application granted; caveat ordered to be withdrawn and to cease to have effect forthwith.

Orders

  • ['The plaintiff forthwith withdraw caveat AD863805.' 'Caveat AD863805 cease to have effect forthwith.' 'The order be entered forthwith.']