F & D Bonaccorso Pty Ltd v City of Canada Bay Council [2007] NSWLEC 222

F & D Bonaccorso Pty Ltd v City of Canada Bay Council [2007] NSWLEC 222

A modified stay was warranted because amendment of the register before appeal could expose the council to potentially large financial consequences, the appeal might test an unexercised power of the Court to amend the register under the Real Property Act, the Registrar-General would place a caveat on title and append the orders, and undertakings would prevent dealings with the land and seek expedition of the appeal; these considerations outweighed the applicant's concerns.

Jurisdiction
Australia
Judgment Date
05 April 2007
Procedural Posture
Application for Stay of Order to Rectify Register Under the Real Property Act 1900 / After Final Orders; Pending Exhaustion of Appeal Rights to the Court of Appeal
Outcome
Stay granted in modified form.
Legal Topics
['stay of Orders Pending Appeal' 'rectification of Register' "registrar General's Caveat" 'undertakings to the Court']
['practice and Procedure' 'real Property'] ['stay of Orders Pending Appeal' 'rectification of Register' "registrar General's Caveat" 'undertakings to the Court']

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Procedural Posture

Application for Stay of Order to Rectify Register Under the Real Property Act 1900 / After Final Orders; Pending Exhaustion of Appeal Rights to the Court of Appeal

Legal Issues

  1. 1 ["Whether the order requiring the Registrar-General to amend the register under the Real Property Act 1900 should be stayed until the parties' appeal rights to the Court of Appeal have been exhausted."]

Ratio Decidendi

A modified stay was warranted because amendment of the register before appeal could expose the council to potentially large financial consequences, the appeal might test an unexercised power of the Court to amend the register under the Real Property Act, the Registrar-General would place a caveat on title and append the orders, and undertakings would prevent dealings with the land and seek expedition of the appeal; these considerations outweighed the applicant's concerns.

Court Disposition

Stay granted in modified form.

Orders

  • ["Upon the first respondent undertaking to the Court to seek expedition of the hearing of its appeal to the Court of Appeal, the third respondent undertaking to the Court not to dispose of or deal with, or attempt to dispose of or deal with the lots comprising Chapman Reserve pending further order, and the...