Chateau Constructions (Aust) Ltd v Zepinic [2009] NSWSC 1339

Chateau Constructions (Aust) Ltd v Zepinic [2009] NSWSC 1339

The CTTT order of 2 February 2009 qualified as an order within the charging provision, giving a reasonable basis to infer a charge in favour of Chateau Constructions over the Turramurra property for the monies the subject of that order. The plaintiff had served the summons, affidavits and orders, and the defendants' solicitor was aware of the hearing and instructed not to attend. The caveat was therefore extended until further order of the Court.

Jurisdiction
Australia
Judgment Date
28 September 2009
Procedural Posture
Application to Extend Caveat Under S 74 K of the Real Property Act 1900 / Ex Tempore Judgment
Outcome
Caveat AE 479151B dated 2 February 2009 extended until further order of the Court.
Legal Topics
['caveats Against Dealings' 'extension of Caveat' 'contractual Charge' 'non Appearance of Defendants']
['real Property' 'torrens Title'] ['caveats Against Dealings' 'extension of Caveat' 'contractual Charge' 'non Appearance of Defendants']

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Procedural Posture

Application to Extend Caveat Under S 74 K of the Real Property Act 1900 / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether caveat AE 479151B should be extended under s 74K of the Real Property Act 1900.' 'Whether the building contract charging provision and the Consumer Trader and Tenancy Tribunal order provided a sufficient basis to support the caveat.' "Whether the defendants' non-appearance prevented the Court from extending the caveat."]

Ratio Decidendi

The CTTT order of 2 February 2009 qualified as an order within the charging provision, giving a reasonable basis to infer a charge in favour of Chateau Constructions over the Turramurra property for the monies the subject of that order. The plaintiff had served the summons, affidavits and orders, and the defendants' solicitor was aware of the hearing and instructed not to attend. The caveat was therefore extended until further order of the Court.

Court Disposition

Caveat AE 479151B dated 2 February 2009 extended until further order of the Court.

Orders

  • ['Caveat AE 479151B dated 2 February 2009 extended until further order of the Court.' 'The matter was adjourned so further communications could take place.' 'Costs reserved.']