Malouf v O'Donohoe [2001] NSWSC 335

Malouf v O'Donohoe [2001] NSWSC 335

Order for extension permitted only due to genuine inadvertence and lack of impending contrary dealing; court practice otherwise disfavours ex parte extensions of caveats without service dispensed with.

Parties
Plaintiff: Anthony Mark Malouf; Defendant: Terence Markham O'Donohoe
Jurisdiction
Australia
Judgment Date
27 April 2001
Procedural Posture
Conveyancing (equity Ex Parte Application) / Ex Parte Application to Extend Caveat
Outcome
Order made
Legal Topics
Caveats, Extension of Caveats, Ex Parte Procedure
Conveyancing Equity Caveats Extension of Caveats Ex Parte Procedure

Case Brief

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Parties

Anthony Mark Malouf

Plaintiff

Terence Markham O'Donohoe

Defendant

Procedural Posture

Conveyancing (equity Ex Parte Application) / Ex Parte Application to Extend Caveat

Legal Issues

  1. 1 Whether the Court should grant an ex parte application to extend a caveat under s 74K of the Real Property Act 1900
  2. 2 Whether service should be dispensed with in such applications

Ratio Decidendi

Order for extension permitted only due to genuine inadvertence and lack of impending contrary dealing; court practice otherwise disfavours ex parte extensions of caveats without service dispensed with.

Court Disposition

Order made

Orders

  • Order under s 74 O permitting a fresh caveat in identical terms to be lodged, conditional upon withdrawal by 2 May 2001 unless extended by the Court.