Lee v Song [2005] NSWSC 698

Lee v Song [2005] NSWSC 698

The balance of convenience favours the extension, given the plaintiffs were not informed of the sale and only recently received information enabling adequate assessment of the sale. There is a serious question as to the interest claimed by the plaintiffs, and lack of evidence that the Bank will be paid in full, or that the other caveat will be removed.

Jurisdiction
Australia
Judgment Date
12 July 2005
Procedural Posture
Application to Extend Caveat / Interlocutory Judgment
Outcome
Caveat extended until further order of the court upon plaintiffs' undertaking as to damages.
Legal Topics
['caveats Against Dealings' 'land Titles' 'torrens System']
['equity' 'conveyancing'] ['caveats Against Dealings' 'land Titles' 'torrens System']

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 to Extend Caveat / Interlocutory Judgment

Legal Issues

  1. 1 ['Whether the caveat should be extended when the registered proprietor alleges the extension would be futile because caveators would get nothing from the sale']

Ratio Decidendi

The balance of convenience favours the extension, given the plaintiffs were not informed of the sale and only recently received information enabling adequate assessment of the sale. There is a serious question as to the interest claimed by the plaintiffs, and lack of evidence that the Bank will be paid in full, or that the other caveat will be removed.

Court Disposition

Caveat extended until further order of the court upon plaintiffs' undertaking as to damages.

Orders

  • ['Caveat AA383146 extended until further order so far as interest claimed by the plaintiffs is concerned.' 'Plaintiffs to file and serve further evidence by 19 July 2005.' 'Matter listed before registrar 22 July 2005 for further directions.' 'Plaintiffs to amend summons within seven days to include claim to enforce...