Kathleen Jeanne Furlong and Anor v Wise & Young Pty Ltd and Ors [2017] NSWSC 829

Kathleen Jeanne Furlong and Anor v Wise & Young Pty Ltd and Ors [2017] NSWSC 829

The claims for relief in respect of the caveat were dismissed because, although technically before the Court through vague pleadings, no cause of action or material facts were pleaded, no cross-examination or oral submissions addressed the caveat, no serious basis was advanced for saying the caveat was bad in law, and the Deed of Charge and Deed of Satisfaction of Debt prima facie supported a caveatable interest.

Jurisdiction
Australia
Judgment Date
08 September 2017
Procedural Posture
Equity Proceedings; Procedural and Other Ruling / On the Papers After Judgment, Addressing Claims for Relief in Respect of a Caveat While a Referee's Task Remained Outstanding
Outcome
Claims for relief in respect of the caveat dismissed.
Legal Topics
['caveats' 'caveatable Interest' 'deed of Charge' 'deed of Satisfaction of Debt' 'pleadings' 'cross Claim Relief']
['equity' 'property Law' 'civil Procedure'] ['caveats' 'caveatable Interest' 'deed of Charge' 'deed of Satisfaction of Debt' 'pleadings' 'cross Claim Relief']

Case Brief

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Procedural Posture

Equity Proceedings; Procedural and Other Ruling / On the Papers After Judgment, Addressing Claims for Relief in Respect of a Caveat While a Referee's Task Remained Outstanding

Legal Issues

  1. 1 ['Whether claims for relief seeking findings that no money was owing pursuant to caveat AJ817227, that the caveat did not validly protect any interest, and that it be removed should be granted or dismissed.' 'Whether the Deed of Charge and Deed of Satisfaction of Debt provided, at least prima facie, a caveatable interest supporting the caveat lodged by Mr Gil Leishman.']

Ratio Decidendi

The claims for relief in respect of the caveat were dismissed because, although technically before the Court through vague pleadings, no cause of action or material facts were pleaded, no cross-examination or oral submissions addressed the caveat, no serious basis was advanced for saying the caveat was bad in law, and the Deed of Charge and Deed of Satisfaction of Debt prima facie supported a caveatable interest.

Court Disposition

Claims for relief in respect of the caveat dismissed.

Orders

  • ['Claims for relief in respect of the caveat be dismissed.']