Cominos v Cominos [2013] NSWSC 27

Cominos v Cominos [2013] NSWSC 27

The facts and agreement proved between the parties do not sustain the caveat, as no equitable interest in the land or the proceeds arises, entitling the plaintiff to relief sought.

Jurisdiction
Australia
Judgment Date
22 January 2013
Procedural Posture
Real Property Removal of Caveat / Final Determination Judgment
Outcome
Caveat to be removed. Defendant to pay lump sum costs.
Legal Topics
['caveats' 'removal of Caveat' 'costs' 'lump Sum Costs Order']
['real Property' 'practice and Procedure'] ['caveats' 'removal of Caveat' 'costs' 'lump Sum Costs Order']

Case Brief

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Procedural Posture

Real Property Removal of Caveat / Final Determination Judgment

Legal Issues

  1. 1 ['Whether the facts giving rise to the claimed equitable mortgage justify the caveat.' 'Whether the agreement between the parties creates an interest in the land sufficient to sustain a caveat.']

Ratio Decidendi

The facts and agreement proved between the parties do not sustain the caveat, as no equitable interest in the land or the proceeds arises, entitling the plaintiff to relief sought.

Court Disposition

Caveat to be removed. Defendant to pay lump sum costs.

Orders

  • ['Order that the defendant withdraw forthwith caveat AH456830J lodged against the land comprised in folio identifiers 91/1174078 and 92/1174078.' "Order the defendant to pay the plaintiff's costs and expenses of these proceedings." 'Fix those costs and expenses in the lump sum of $1,500.' 'Direct that these orders...