Nittis v Nittis [2007] NSWSC 1407

Nittis v Nittis [2007] NSWSC 1407

The defendant's caveat claimed only an equitable interest in the land pursuant to Family Court proceedings, which on its face was not a valid equitable interest in the land, and it was the third caveat lodged by the defendant in identical terms after the previous two had lapsed. Under s 74O of the Real Property Act 1900, absent Supreme Court leave for the further caveat, the present caveat had no effect, so its withdrawal had to be ordered forthwith.

Jurisdiction
Australia
Judgment Date
01 November 2007
Procedural Posture
Proceedings for Withdrawal of a Caveat / Judgment and Final Orders
Outcome
Withdrawal of caveat ordered.
Legal Topics
['torrens Title' 'caveats Against Dealings' 'withdrawal of Caveat' 'statement of Estate or Interest' 'repeated Caveat After Lapse' 'real Property Act 1900 S 74 O']
['conveyancing' 'real Property' 'equity'] ['torrens Title' 'caveats Against Dealings' 'withdrawal of Caveat' 'statement of Estate or Interest' 'repeated Caveat After Lapse' 'real Property Act 1900 S 74 O']

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Procedural Posture

Proceedings for Withdrawal of a Caveat / Judgment and Final Orders

Legal Issues

  1. 1 ['Whether the caveat disclosed a valid equitable interest in the land.' 'Whether the third caveat lodged by the same caveator in identical terms had effect under s 74O of the Real Property Act 1900 after the previous caveats had lapsed.' 'Whether the defendant should be ordered to withdraw caveat number AD517834N forthwith.']

Ratio Decidendi

The defendant's caveat claimed only an equitable interest in the land pursuant to Family Court proceedings, which on its face was not a valid equitable interest in the land, and it was the third caveat lodged by the defendant in identical terms after the previous two had lapsed. Under s 74O of the Real Property Act 1900, absent Supreme Court leave for the further caveat, the present caveat had no effect, so its withdrawal had to be ordered forthwith.

Court Disposition

Withdrawal of caveat ordered.

Orders

  • ['I grant leave to the plaintiff to file a summons in initialled by me returnable on 1 November 2007 at 4.30 pm before the Duty Judge.' 'I grant leave to file supporting affidavits.' 'I dispense with service of the summons.' 'I order that the defendant withdraw caveat number AD517834N forthwith.' "I order that the...