Complex Scaffolding Solutions Pty Ltd v Abraham Doueihi (No 2) [2014] NSWSC 626

Complex Scaffolding Solutions Pty Ltd v Abraham Doueihi (No 2) [2014] NSWSC 626

Leave to lodge a new caveat is appropriate as there is a serious question to be tried regarding the plaintiff’s caveatable interest, and the balance of convenience does not preclude interim protection over all three properties; however, the order is structured to allow flexibility depending on the defendant’s future dealings and assent to certain restrictions.

Jurisdiction
Australia
Judgment Date
21 May 2014
Procedural Posture
Notice of Motion/interlocutory Application / Post Hearing Orders on Application for Leave to Lodge Caveat
Outcome
Conditional interlocutory orders; leave to apply; final orders reserved pending defendant response
Legal Topics
['caveats' 'interlocutory Relief' 'charge Over Property' 'balance of Convenience']
['equity' 'real Property'] ['caveats' 'interlocutory Relief' 'charge Over Property' 'balance of Convenience']

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Procedural Posture

Notice of Motion/interlocutory Application / Post Hearing Orders on Application for Leave to Lodge Caveat

Legal Issues

  1. 1 ['Whether leave should be granted under s 74O of the Real Property Act 1900 (NSW) to lodge a new caveat' "Whether the form of the caveat is appropriate (defendant's interest only)" 'Adequacy of appraisal evidence for property valuation' 'Whether leave should be restricted to one of three properties based on balance of convenience' 'Effect of Duties Act on court’s discretion']

Ratio Decidendi

Leave to lodge a new caveat is appropriate as there is a serious question to be tried regarding the plaintiff’s caveatable interest, and the balance of convenience does not preclude interim protection over all three properties; however, the order is structured to allow flexibility depending on the defendant’s future dealings and assent to certain restrictions.

Court Disposition

Conditional interlocutory orders; leave to apply; final orders reserved pending defendant response

Orders

  • ['Order the plaintiff to withdraw caveat No AI223177M within 14 days.' "Leave to the plaintiff to lodge a caveat in the form annexed to the affidavit of Mr Hidayat made 2 May 2014 against the first defendant's interest in each of the three properties." "Order the plaintiff to withdraw the caveat from lodgement...