Jorty Pty Limited v Enviro Energy (Australia) Pty Limited [2012] NSWSC 1653

Jorty Pty Limited v Enviro Energy (Australia) Pty Limited [2012] NSWSC 1653

The plaintiff was not entitled to an extension of the caveat because the contract had been validly terminated after the plaintiff failed to comply with a notice to complete, the issue regarding the canopy was raised outside the permissible timeframe for requisitions, and the contract's special conditions prevented reliance on such objections.

Jurisdiction
Australia
Judgment Date
19 December 2012
Procedural Posture
Interlocutory Application / Application to Extend Caveat
Outcome
Application to extend caveat dismissed
Legal Topics
['caveats' 'contract for Sale of Land' 'termination of Contract' 'requisitions on Title']
['property Law' 'equity'] ['caveats' 'contract for Sale of Land' 'termination of Contract' 'requisitions on Title']

Case Brief

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Procedural Posture

Interlocutory Application / Application to Extend Caveat

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to an extension of caveat AH381736' 'Whether the contract for sale was validly terminated by the vendor' 'Whether the plaintiff could rely on the existence of an unapproved canopy to resist notice to complete']

Ratio Decidendi

The plaintiff was not entitled to an extension of the caveat because the contract had been validly terminated after the plaintiff failed to comply with a notice to complete, the issue regarding the canopy was raised outside the permissible timeframe for requisitions, and the contract's special conditions prevented reliance on such objections.

Court Disposition

Application to extend caveat dismissed

Orders

  • ['The application to extend caveat AH381736 is dismissed.' 'The plaintiff is to pay the defendants’ costs of the interlocutory application.' 'The summons is adjourned to 29 January 2013 at 9am before the Registrar in Equity.']