Hazim v Chipis [2005] NSWSC 199

Hazim v Chipis [2005] NSWSC 199

Due to insufficient evidence, caveators may have an honest belief of interest; caveat extended for 7 days to allow commencement of proceedings on claimed equitable interest or managed investment scheme; no compensation awarded for lack of proof of absence of honest belief.

Jurisdiction
Australia
Judgment Date
08 March 2005
Procedural Posture
Application Under S 74 MA Real Property Act 1900 / Judgment on Caveat Removal/extension
Outcome
Caveat extended for 7 days; no compensation awarded under s 74P Real Property Act 1900; withdrawal or proceedings must commence by 15 March 2005, else costs to defendants.
Legal Topics
['caveats' 'managed Investment Schemes' 'real Property' 'compensation for Caveat' 'priority of Interests']
['equity' 'property Law'] ['caveats' 'managed Investment Schemes' 'real Property' 'compensation for Caveat' 'priority of Interests']

Case Brief

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Procedural Posture

Application Under S 74 MA Real Property Act 1900 / Judgment on Caveat Removal/extension

Legal Issues

  1. 1 ["Whether defendants have a caveatable interest in the plaintiffs' property" 'Whether caveats lodged without due cause under Real Property Act 1900 s 74P' 'Whether compensation is payable under s 74P Real Property Act 1900' 'Priority between caveat and registered mortgage']

Ratio Decidendi

Due to insufficient evidence, caveators may have an honest belief of interest; caveat extended for 7 days to allow commencement of proceedings on claimed equitable interest or managed investment scheme; no compensation awarded for lack of proof of absence of honest belief.

Court Disposition

Caveat extended for 7 days; no compensation awarded under s 74P Real Property Act 1900; withdrawal or proceedings must commence by 15 March 2005, else costs to defendants.

Orders

  • ['Defendants to withdraw caveats AB303016T and AB302991U by 4 pm 15 March 2005 unless proceedings are commenced to enforce equitable interest or terminate unregistered managed investment scheme.' 'If no suit commenced, defendants to pay costs to date.' 'If proceedings commenced, costs to be costs in the cause.' 'No...