Starling v Miller [2023] NSWSC 855

Starling v Miller [2023] NSWSC 855

The combination of the Settlement Orders and Caveat Orders created an equitable charge over the property to secure payment to the plaintiff of the settlement sum; this gave rise to a caveatable interest justifying leave to lodge a further caveat reflecting that charge.

Jurisdiction
Australia
Judgment Date
20 July 2023
Procedural Posture
Equity Duty List / Application for Leave to Lodge/extend a Caveat; Final Orders
Outcome
Leave granted to lodge further caveat; injunction granted; costs order; summons otherwise dismissed
Legal Topics
['caveats' 'equitable Charges' 'matrimonial Settlements' 'real Property Act 1900 (nsw)' 'injunctions']
['land Law' 'property Law' 'equity'] ['caveats' 'equitable Charges' 'matrimonial Settlements' 'real Property Act 1900 (nsw)' 'injunctions']

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Procedural Posture

Equity Duty List / Application for Leave to Lodge/extend a Caveat; Final Orders

Legal Issues

  1. 1 ['Whether Family Court orders give rise to a caveatable interest in the property' 'Whether the description of the interest in the original caveat is accurate' 'Whether the plaintiff is entitled to injunctive relief restraining the defendant from procuring a lapsing notice']

Ratio Decidendi

The combination of the Settlement Orders and Caveat Orders created an equitable charge over the property to secure payment to the plaintiff of the settlement sum; this gave rise to a caveatable interest justifying leave to lodge a further caveat reflecting that charge.

Court Disposition

Leave granted to lodge further caveat; injunction granted; costs order; summons otherwise dismissed

Orders

  • ['Plaintiff has leave to lodge a further caveat on the title to the property in Folio Identifier 203/15376 in specified terms (as a charge securing payment of $1.5 million settlement sum per Family Court orders)' "Defendant restrained, until further order, from procuring the issue of any lapsing notice with respect...