Discount Acceptance Corporation Ltd. v. Ireland & Ors. [2001] NSWSC 81

Because no explanation was offered for why instructions were not given between 1 February and 16 February 2001, the Court was not prepared to make an ex parte order extending the caveat, but granted leave to serve on short notice.

Jurisdiction: Australia
Judgment Date: 22 February 2001
Procedural Posture: Application for an Ex Parte Order Extending a Caveat / Ex Parte Application
Outcome: Ex parte order extending the caveat refused; leave to serve with short notice granted.
Legal Topics: ['extension of Caveat' 'lapsing Notice' 'short Notice Service']

['property' 'real Property' 'torrens System'] ['extension of Caveat' 'lapsing Notice' 'short Notice Service']

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Procedural Posture

Application for an Ex Parte Order Extending a Caveat / Ex Parte Application

Legal Issues

1 ['Whether an ex parte order extending a caveat should be made where no explanation was given for the delay between service of the lapsing notice and the giving of instructions to make the application.' 'Whether the plaintiff should instead be given leave to serve on short notice.']

Ratio Decidendi

Court Disposition

Ex parte order extending the caveat refused; leave to serve with short notice granted.

Orders

['Leave to serve with short notice.' 'The return of the summons was appointed for 26 February 2001 before the Registrar.' 'The summons and affidavit in support were directed to be served at or before 12 noon on 23 February 2001.']