Wu v Dardaneliotou [2008] NSWSC 1319

Wu v Dardaneliotou [2008] NSWSC 1319

The plaintiff failed to provide evidence of the caveat or establish any caveatable interest in the property. Without the caveat or evidence supporting the claim's substance, the Court could not be satisfied as required by s 74K of the Real Property Act 1900. Accordingly, the application to extend the operation of...

Source-derived case information.

Parties
Plaintiff: Benxia Wu; Defendant: Stratigoula Dardaneliotou
Jurisdiction
Australia
Judgment Date
01 December 2008
Procedural Posture
Application to Extend Operation of Caveat / Interlocutory Application
Outcome
Application for extension of operation of caveat refused.
Legal Topics
Caveats Against Dealings, Indemnity Costs, Interlocutory Relief, Procedural Requirements
Real Property Civil Procedure Caveats Against Dealings Indemnity Costs Interlocutory Relief Procedural Requirements

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Parties

Benxia Wu

Plaintiff

Stratigoula Dardaneliotou

Defendant

Procedural Posture

Application to Extend Operation of Caveat / Interlocutory Application

Legal Issues

  1. 1 Whether the plaintiff has a caveatable interest in the property
  2. 2 Whether the application for extension of the caveat should be granted
  3. 3 Whether the plaintiff should pay indemnity costs

Ratio Decidendi

The plaintiff failed to provide evidence of the caveat or establish any caveatable interest in the property. Without the caveat or evidence supporting the claim's substance, the Court could not be satisfied as required by s 74K of the Real Property Act 1900. Accordingly, the application to extend the operation of the caveat was refused.

Court Disposition

Application for extension of operation of caveat refused.

Orders

  • Application for interlocutory relief refused.
  • Proceedings adjourned to Monday, 15 December 2008, at 2:00pm before Brereton J.