Cellnet Group Ltd v Grigg [2006] NSWSC 1423

Cellnet Group Ltd v Grigg [2006] NSWSC 1423

Although there were serious doubts about the enforceability of the guarantee and whether it created an equitable interest in New South Wales land, the application was only for leave under s 74 O of the Real Property Act 1900 to lodge a further caveat. The earlier caveat appeared to have been removed because of a technical problem or mistake rather than because it was shown to be vexatious, and the plaintiff had shown that its caveat may have validity. Leave to lodge a further caveat was therefore granted.

Jurisdiction
Australia
Judgment Date
06 December 2006
Procedural Posture
Application Under S 74 O of the Real Property Act 1900 for Leave to Lodge a Further Caveat / Ex Tempore Judgment
Outcome
Plaintiff granted leave to lodge a further caveat.
Legal Topics
['caveat' 'extension of Caveat' 'guarantee and Indemnity' 'equitable Charge' 'leave to Lodge Further Caveat']
['conveyancing' 'equity' 'real Property'] ['caveat' 'extension of Caveat' 'guarantee and Indemnity' 'equitable Charge' 'leave to Lodge Further Caveat']

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Procedural Posture

Application Under S 74 O of the Real Property Act 1900 for Leave to Lodge a Further Caveat / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave under s 74 O of the Real Property Act 1900 to lodge a further caveat after the earlier caveat lapsed.' "Whether the plaintiff had shown that its caveat may have validity by relying on a guarantee purporting to charge the guarantor's real and personal property." 'Whether doubts about the validity and operation of the guarantee, including whether it created an equitable interest in New South Wales land, prevented the grant of leave.']

Ratio Decidendi

Although there were serious doubts about the enforceability of the guarantee and whether it created an equitable interest in New South Wales land, the application was only for leave under s 74 O of the Real Property Act 1900 to lodge a further caveat. The earlier caveat appeared to have been removed because of a technical problem or mistake rather than because it was shown to be vexatious, and the plaintiff had shown that its caveat may have validity. Leave to lodge a further caveat was therefore granted.

Court Disposition

Plaintiff granted leave to lodge a further caveat.

Orders

  • ['Under section 74 O of the Real Property Act 1900 the plaintiff has leave to lodge a further caveat against the interest of Colleen Helen Grigg in the land comprised in Folio Identifier 1/DP510690 in accordance with exhibit PXO1 in these proceedings.' 'The order may be taken out forthwith.']