Australian Secured & Managed Mortgages Pty Ltd v Horizon Hotels Pty Ltd [2021] NSWSC 1715

Australian Secured & Managed Mortgages Pty Ltd v Horizon Hotels Pty Ltd [2021] NSWSC 1715

Even if the 30 December 2021 email to the defendant's solicitor did not constitute good service, unusual circumstances justified an ex parte extension because the defendant's solicitor issued lapsing notices and then closed his office for more than three weeks; the plaintiffs demonstrated prima facie caveatable interests, and the balance of convenience justified a short extension until the defendant's solicitor could make submissions.

Jurisdiction
Australia
Judgment Date
31 December 2021
Procedural Posture
Application to Extend Caveats / Urgent Ex Parte Application for Interim Orders
Outcome
The plaintiffs were granted leave to seek interim orders ex parte and the four caveats were extended until 5pm on 17 January 2022, with the matter stood over for directions before Robb J on 17 January 2022.
Legal Topics
['caveats' 'lapsing Notices' 'extension of Caveats' 'ex Parte Application']
['land Law' 'real Property'] ['caveats' 'lapsing Notices' 'extension of Caveats' 'ex Parte Application']

Case Brief

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Procedural Posture

Application to Extend Caveats / Urgent Ex Parte Application for Interim Orders

Legal Issues

  1. 1 ['Whether the plaintiffs should have leave to seek interim orders ex parte.' 'Whether the operation of four caveats over Units 1 and 2 at 1-7 Bayswater Road, Potts Point should be extended despite the absence of the defendant.' 'Whether the plaintiffs demonstrated a prima facie caveatable interest and whether the balance of convenience justified a short extension.']

Ratio Decidendi

Even if the 30 December 2021 email to the defendant's solicitor did not constitute good service, unusual circumstances justified an ex parte extension because the defendant's solicitor issued lapsing notices and then closed his office for more than three weeks; the plaintiffs demonstrated prima facie caveatable interests, and the balance of convenience justified a short extension until the defendant's solicitor could make submissions.

Court Disposition

The plaintiffs were granted leave to seek interim orders ex parte and the four caveats were extended until 5pm on 17 January 2022, with the matter stood over for directions before Robb J on 17 January 2022.

Orders

  • ['The plaintiffs have leave to seek the interim orders in the summons filed 30 December 2021 ex parte.' 'An order that the operation of caveat AR561491 lodged in relation to the land known as and situated at 1/1-7 Bayswater Rd Potts Point 2011 and identified as 1/SP78890 ("Unit 1") be extended until 5pm on 17...