Almona Pty Ltd v Parklea Corporation Pty Ltd (No 2) [2021] NSWCA 202

Almona Pty Ltd v Parklea Corporation Pty Ltd (No 2) [2021] NSWCA 202

Extension of the caveat was granted because, despite doubts about the prospects of the special leave application, there was sufficient arguability given the division of opinion in the Court. The balance of convenience favoured the continuation, as there was no evidence of prejudice beyond inconvenience, and the undertaking as to damages was not shown to be worthless.

Jurisdiction
Australia
Judgment Date
02 September 2021
Procedural Posture
Appeal / Interim Order Pending Special Leave Application
Outcome
Extension of caveat granted, further orders not made, no order as to costs for any party.
Legal Topics
['interim Orders' 'extension of Caveat' 'appeal Dismissed' 'special Leave Application']
['civil Procedure'] ['interim Orders' 'extension of Caveat' 'appeal Dismissed' 'special Leave Application']

Case Brief

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Procedural Posture

Appeal / Interim Order Pending Special Leave Application

Legal Issues

  1. 1 ["Should the caveat protecting Almona's interest be extended pending a special leave application to the High Court?" 'Does the balance of convenience favour the continuation of the caveat?' 'Is the undertaking as to damages valid and sufficient?']

Ratio Decidendi

Extension of the caveat was granted because, despite doubts about the prospects of the special leave application, there was sufficient arguability given the division of opinion in the Court. The balance of convenience favoured the continuation, as there was no evidence of prejudice beyond inconvenience, and the undertaking as to damages was not shown to be worthless.

Court Disposition

Extension of caveat granted, further orders not made, no order as to costs for any party.

Orders

  • ['Operation of caveat AN567966 affecting land extended until determination of an application for special leave to appeal and, if special leave granted, until determination of the appeal, or 21 days after a successful determination.' 'If the appellant does not file an application for special leave in the Sydney...