Coca-Cola Amatil (Aust) Pty Ltd v Jamal Gebara [2013] NSWSC 2048

Coca-Cola Amatil (Aust) Pty Ltd v Jamal Gebara [2013] NSWSC 2048

There is an arguable case that the plaintiff holds a caveatable interest, based on the guarantee granting an equitable charge and consent to lodge a caveat; thus, the caveat will remain in place on an interlocutory basis pending a final hearing, as the balance of convenience favours its continuation and the orders are made by consent.

Parties
Plaintiff: Coca-Cola Amatil (Aust) Pty Limited; Defendant: Jamal Gebara
Jurisdiction
Australia
Judgment Date
31 December 2013
Procedural Posture
Interlocutory Application / Interlocutory
Outcome
Orders made by consent; caveat extended on interlocutory basis
Legal Topics
Caveatable Interests, Equitable Charge, Extension of Caveat
Equity Caveatable Interests Equitable Charge Extension of Caveat

Case Brief

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Parties

Coca-Cola Amatil (Aust) Pty Limited

Plaintiff

Jamal Gebara

Defendant

Procedural Posture

Interlocutory Application / Interlocutory

Legal Issues

  1. 1 Whether the plaintiff holds a caveatable interest justifying the extension of the caveat
  2. 2 Whether interlocutory orders should be made to extend the operation of the caveat

Ratio Decidendi

There is an arguable case that the plaintiff holds a caveatable interest, based on the guarantee granting an equitable charge and consent to lodge a caveat; thus, the caveat will remain in place on an interlocutory basis pending a final hearing, as the balance of convenience favours its continuation and the orders are made by consent.

Court Disposition

Orders made by consent; caveat extended on interlocutory basis

Orders

  • The operation of Caveat No. AH259593 be extended until further order of the Court
  • Costs reserved