Condon v Mehajer [2018] NSWSC 1637

Condon v Mehajer [2018] NSWSC 1637

The caveat must be withdrawn because it is legally defective, claims an unspecified 'equitable interest', and was lodged at the last moment. There is no prejudice to the asserted interest, as net proceeds of sale will be held in trust pending further order.

Jurisdiction
Australia
Judgment Date
26 October 2018
Procedural Posture
Application to Remove Caveat / Hearing and Determination of Urgent Application
Outcome
Order that the caveat be withdrawn. No order as to costs.
Legal Topics
['caveats' 'application to Withdraw Caveat' 'dispensation With Service']
['equity' 'real Property'] ['caveats' 'application to Withdraw Caveat' 'dispensation With Service']

Case Brief

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Procedural Posture

Application to Remove Caveat / Hearing and Determination of Urgent Application

Legal Issues

  1. 1 ['Whether the caveat lodged by Mr Mehajer is valid in law and should remain on title' 'Whether the court should dispense with service of the application on Mr Mehajer due to impracticality']

Ratio Decidendi

The caveat must be withdrawn because it is legally defective, claims an unspecified 'equitable interest', and was lodged at the last moment. There is no prejudice to the asserted interest, as net proceeds of sale will be held in trust pending further order.

Court Disposition

Order that the caveat be withdrawn. No order as to costs.

Orders

  • ['Order (prayer 2 of summons): The caveat subject of the application be withdrawn.' 'No order as to costs.' "Plaintiffs' solicitor to provide Mr Mehajer a copy of the judgment and orders as soon as possible."]