Di Francesco v Magi Astrologer Priest Religion [2004] NSWSC 678

Di Francesco v Magi Astrologer Priest Religion [2004] NSWSC 678

The caveat should be withdrawn because the claim that the Registrar was not empowered to execute the transfer is contradicted by clear Family Court orders authorising such an action. The caveators did not appear to contest or demonstrate a serious issue to be tried, and jurisdiction to order withdrawal of an unregistered caveat is supported by the statute.

Jurisdiction
Australia
Judgment Date
22 July 2004
Procedural Posture
Application for Withdrawal of Caveat / Judgment on Application
Outcome
Caveat ordered to be withdrawn; costs ordered on indemnity basis in favour of plaintiff.
Legal Topics
['removal of Caveats' 'land Title' 'torrens System' 'onus of Proof']
['equity' 'conveyancing'] ['removal of Caveats' 'land Title' 'torrens System' 'onus of Proof']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Withdrawal of Caveat / Judgment on Application

Legal Issues

  1. 1 ['Whether the caveat lodged by the defendants should be withdrawn under s 74MA of the Real Property Act 1900' 'Whether the caveator has established a serious issue to be tried' 'Whether the Court has jurisdiction to order withdrawal of an unregistered caveat' 'Whether indemnity costs should be awarded to the plaintiff']

Ratio Decidendi

The caveat should be withdrawn because the claim that the Registrar was not empowered to execute the transfer is contradicted by clear Family Court orders authorising such an action. The caveators did not appear to contest or demonstrate a serious issue to be tried, and jurisdiction to order withdrawal of an unregistered caveat is supported by the statute.

Court Disposition

Caveat ordered to be withdrawn; costs ordered on indemnity basis in favour of plaintiff.

Orders

  • ['Order that the caveat be withdrawn.' "Order that the defendants pay the plaintiff's costs of the proceedings on the indemnity basis."]