Forder v Cemcorp [2001] NSWSC 281

Forder v Cemcorp [2001] NSWSC 281

The nature and structure of the deed, which grants an option to purchase lots in an unregistered strata plan at Dee Why and attaches a completed contract, together with developments in High Court and intermediate appellate authority, indicate that the plaintiffs have an equitable interest in the relevant land sufficient to support and extend the caveats under the Real Property Act.

Jurisdiction
Australia
Judgment Date
11 April 2001
Procedural Posture
Equity Proceeding / Application to Extend Caveats
Outcome
Orders extending caveats and awarding costs to plaintiffs
Legal Topics
['caveatable Interest' 'option to Purchase' 'unregistered Strata Plan']
['property Law' 'equity'] ['caveatable Interest' 'option to Purchase' 'unregistered Strata Plan']

Case Brief

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Procedural Posture

Equity Proceeding / Application to Extend Caveats

Legal Issues

  1. 1 ['Whether the option holder has a caveatable interest in land subject to an unregistered strata plan' 'Whether the caveat may be extended under Real Property Act 1900']

Ratio Decidendi

The nature and structure of the deed, which grants an option to purchase lots in an unregistered strata plan at Dee Why and attaches a completed contract, together with developments in High Court and intermediate appellate authority, indicate that the plaintiffs have an equitable interest in the relevant land sufficient to support and extend the caveats under the Real Property Act.

Court Disposition

Orders extending caveats and awarding costs to plaintiffs

Orders

  • ['Order extending the operation of caveat No. 7228749 until further order of the Court' 'Order extending the operation of caveat No. 7228748 until further order of the Court' 'Order extending the operation of caveat No. 7228747 until further order of the Court' 'Order extending the operation of caveat No. 7228751...