Bidmonta Pty Ltd v Gerardo D'Angolo & anor [2009] NSWSC 438

Bidmonta Pty Ltd v Gerardo D'Angolo & anor [2009] NSWSC 438

The Court may make an ex parte order extending the operation of a caveat under s 74K(4) before the substantive hearing and before service is effected in certain urgent circumstances, such as when the applicant only recently became aware of the lapsing notice and cannot reasonably serve the application beforehand.

Jurisdiction
Australia
Judgment Date
29 April 2009
Procedural Posture
Application for Extension of Caveat / Ex Parte Application Before Commencement of Proceedings
Outcome
Caveat extended ex parte to time when summons made returnable
Legal Topics
['caveats' 'ex Parte Applications' 'extension of Caveats']
['real Property' 'civil Procedure'] ['caveats' 'ex Parte Applications' 'extension of Caveats']

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Procedural Posture

Application for Extension of Caveat / Ex Parte Application Before Commencement of Proceedings

Legal Issues

  1. 1 ['Whether an order extending the operation of a caveat may be made ex parte under s 74K(4) of the Real Property Act 1900' 'Whether service requirements under s 74K(3) prohibit an ex parte order before substantive hearing']

Ratio Decidendi

The Court may make an ex parte order extending the operation of a caveat under s 74K(4) before the substantive hearing and before service is effected in certain urgent circumstances, such as when the applicant only recently became aware of the lapsing notice and cannot reasonably serve the application beforehand.

Court Disposition

Caveat extended ex parte to time when summons made returnable

Orders

  • ['Leave granted to file summons subject to amendment for declaratory and/or other final relief' 'Summons returnable on Friday 1 May 2009 at 10am before Duty Judge' "Abridged time for service: Defendants' solicitor by 10am Thursday 30 April 2009; Defendants personally by close of business 30 April 2009" "Service on...