Bradley Hancock v Impresario Enterprises Pty Ltd (No 3) [2013] NSWSC 556

Bradley Hancock v Impresario Enterprises Pty Ltd (No 3) [2013] NSWSC 556

The plaintiff must provide a withdrawal of caveat to permit the bank, as mortgagee in possession, to complete a sale of the property and provide clear title to the purchasers. Failure to withdraw the caveat threatens settlement and is contrary to the previous agreements and orders that contemplated the bank's entitlement to be paid and to complete the sale.

Jurisdiction
Australia
Judgment Date
12 April 2013
Procedural Posture
Property, Withdrawal of Caveat / Motion in Equity Division Duty List
Outcome
Plaintiff ordered to provide withdrawal of caveat within 48 hours; costs of motion to bank; orders to be served by email.
Legal Topics
['withdrawal of Caveat' 'power of Sale by Mortgagee' 'costs of Motion']
['property Law'] ['withdrawal of Caveat' 'power of Sale by Mortgagee' 'costs of Motion']

Case Brief

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Procedural Posture

Property, Withdrawal of Caveat / Motion in Equity Division Duty List

Legal Issues

  1. 1 ['Whether the plaintiff should be ordered to withdraw caveat to permit the completion of sale of property by mortgagee in possession' 'Entitlement of bank to clear title for purchasers' 'Disposition of surplus proceeds following sale']

Ratio Decidendi

The plaintiff must provide a withdrawal of caveat to permit the bank, as mortgagee in possession, to complete a sale of the property and provide clear title to the purchasers. Failure to withdraw the caveat threatens settlement and is contrary to the previous agreements and orders that contemplated the bank's entitlement to be paid and to complete the sale.

Court Disposition

Plaintiff ordered to provide withdrawal of caveat within 48 hours; costs of motion to bank; orders to be served by email.

Orders

  • ['Plaintiff to provide to the second defendant a withdrawal of caveat in registrable form in respect of caveat number AF 805835 recorded in folio identifier 11/3/979242 within 48 hours of this order being made, on the undertaking by the second defendant to the Court that the second defendant will hold the withdrawal...