Barclay Entertainment Pty Ltd v Commonwealth Bank of Australia [2009] NSWSC 1463

The claimed rights of pre-emption and first refusal were not caveatable interests in land because the conditions precedent for their exercise had not occurred; thus, approval for lodgement of caveats was declined and application to extend a lapsed caveat dismissed.

Jurisdiction: Australia
Judgment Date: 18 December 2009
Procedural Posture: Equity / Ex Tempore Judgment on Application to Approve Lodgement/extension of Caveats
Outcome: Approval of lodgement of caveats withheld. Application to extend lapsed caveat dismissed.
Legal Topics: ['torrens System' 'caveats Against Dealings' 'pre Emption Rights' 'equitable Interest in Land' 'right of First Refusal']

['conveyancing' 'land Law'] ['torrens System' 'caveats Against Dealings' 'pre Emption Rights' 'equitable Interest in Land' 'right of First Refusal']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Equity / Ex Tempore Judgment on Application to Approve Lodgement/extension of Caveats

Legal Issues

1 ['Whether a right of pre-emption under management agreement or right of first refusal under lease is a caveatable interest in land' 'Whether conditions precedent for said rights were satisfied so as to support a caveat']

Ratio Decidendi

Court Disposition

Approval of lodgement of caveats withheld. Application to extend lapsed caveat dismissed.

Orders

['Approval for lodgement of caveat AF201889X withheld.' 'Approval for lodgement of caveat AF201250D withheld.' 'Paragraph 1 of summons seeking extension of caveat AE906644A dismissed.' 'Balance stood over before Registrar at 9.15 am on 2 February 2010.']