Powell v Stone [2014] NSWSC 574

Powell v Stone [2014] NSWSC 574

The right to receive money from the proceeds of sale of property, as created by Family Court orders, does not amount to a caveatable interest in the land itself. Accordingly, the caveat had no proper basis and should have been withdrawn. Costs were ordered on a discounted indemnity basis, fixed in a lump sum.

Jurisdiction
Australia
Judgment Date
28 March 2014
Procedural Posture
Interlocutory Application / Decision on Costs After Removal of Caveat
Outcome
Defendant to pay plaintiff's costs fixed at $9,000
Legal Topics
['torrens Title' 'caveats Against Dealings' 'rights to Proceeds of Sale' 'family Court Order and Caveatable Interest']
['real Property' 'equity'] ['torrens Title' 'caveats Against Dealings' 'rights to Proceeds of Sale' 'family Court Order and Caveatable Interest']

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Procedural Posture

Interlocutory Application / Decision on Costs After Removal of Caveat

Legal Issues

  1. 1 ['Whether rights to proceeds of sale under a Family Court order create a caveatable interest in land']

Ratio Decidendi

The right to receive money from the proceeds of sale of property, as created by Family Court orders, does not amount to a caveatable interest in the land itself. Accordingly, the caveat had no proper basis and should have been withdrawn. Costs were ordered on a discounted indemnity basis, fixed in a lump sum.

Court Disposition

Defendant to pay plaintiff's costs fixed at $9,000

Orders

  • ["Defendant to pay plaintiff's costs fixed in the sum of $9,000"]