Narui Gold Coast Pty Limited v Charles Harrison Pty Ltd & ORS [2003] NSWCA 238

Narui Gold Coast Pty Limited v Charles Harrison Pty Ltd & ORS [2003] NSWCA 238

The claimant did not establish that the caveats had no arguable substance. It was reasonably arguable that the broad indemnity clauses and charges extended beyond the express indemnities and could cover claims arising from wrongful repudiation, including compensation or damages, notwithstanding termination of the contracts. Accordingly, Bergin J's order extending the caveats should not be set aside.

Jurisdiction
Australia
Judgment Date
09 September 2003
Procedural Posture
Application for Leave to Appeal And, If Leave Granted, Appeal / Interlocutory Appeal From a Decision Extending the Operation of Two Caveats Until Further Order of the Court
Outcome
Leave to appeal granted; appeal dismissed with costs.
Legal Topics
['caveats' 'caveatable Interests' 'charges Over Land' 'termination of Contract' 'repudiation' 'indemnity Clauses' 'leave to Appeal']
['property Law' 'contract Law' 'civil Procedure'] ['caveats' 'caveatable Interests' 'charges Over Land' 'termination of Contract' 'repudiation' 'indemnity Clauses' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal And, If Leave Granted, Appeal / Interlocutory Appeal From a Decision Extending the Operation of Two Caveats Until Further Order of the Court

Legal Issues

  1. 1 ["Whether the opponents' claims to caveatable interests had or may have substance for the purposes of s 74K of the Real Property Act 1900 (NSW)." 'Whether the indemnity clauses in the contracts created charges amounting to caveatable interests after alleged termination of the contracts.' 'Whether a claim for damages for wrongful repudiation could arguably fall within the contractual language of indemnity or indemnities.']

Ratio Decidendi

The claimant did not establish that the caveats had no arguable substance. It was reasonably arguable that the broad indemnity clauses and charges extended beyond the express indemnities and could cover claims arising from wrongful repudiation, including compensation or damages, notwithstanding termination of the contracts. Accordingly, Bergin J's order extending the caveats should not be set aside.

Court Disposition

Leave to appeal granted; appeal dismissed with costs.

Orders

  • ['Leave to appeal be granted.' 'The appeal be dismissed with costs.']