Pham v Enterprise ICT Pty Ltd [2019] NSWSC 1857

Pham v Enterprise ICT Pty Ltd [2019] NSWSC 1857

The Court dismissed ENA’s application for leave to lodge a further caveat because it would be in breach of an existing order restraining ENA from lodging further caveats, and because ENA failed to demonstrate any arguable or prima facie interest that could defeat the registered proprietors’ indefeasible title under s 42 of the Real Property Act 1900 (NSW).

Parties
Plaintiff Respondents: Andy Vuong Duc Pham and Thi Huong Giang Pham; Applicant: ENA Development Pty Ltd; Solicitors for Plaintiffs: Bui Lawyers
Jurisdiction
Australia
Judgment Date
17 December 2019
Procedural Posture
Notice of Motion (equity Duty List) / Application for Leave to Lodge Further Caveat
Outcome
Notice of motion for leave to lodge further caveat dismissed with costs on indemnity basis.
Legal Topics
Caveats, Indefeasibility of Title, Costs
Land Law Equity Caveats Indefeasibility of Title Costs

Case Brief

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Parties

Andy Vuong Duc Pham and Thi Huong Giang Pham

Plaintiff Respondents

ENA Development Pty Ltd

Applicant

Bui Lawyers

Solicitors for Plaintiffs

Procedural Posture

Notice of Motion (equity Duty List) / Application for Leave to Lodge Further Caveat

Legal Issues

  1. 1 Whether ENA Development Pty Ltd should be granted leave to lodge a further caveat over the Chiswick Property in substantially the same form as a previous caveat that was removed by court order and the subject of a restraint order
  2. 2 Whether ENA can assert an interest defeating the registered proprietors’ indefeasible title

Ratio Decidendi

The Court dismissed ENA’s application for leave to lodge a further caveat because it would be in breach of an existing order restraining ENA from lodging further caveats, and because ENA failed to demonstrate any arguable or prima facie interest that could defeat the registered proprietors’ indefeasible title under s 42 of the Real Property Act 1900 (NSW).

Court Disposition

Notice of motion for leave to lodge further caveat dismissed with costs on indemnity basis.

Orders

  • The notice of motion filed by ENA Development Pty Ltd in Court on 17 December 2019 is dismissed.
  • ENA Development Pty Ltd is to pay the plaintiffs' costs of and incidental to that notice of motion (including, for the avoidance of doubt, of the hearing today) on the indemnity basis.