Martin v Carlisle [2008] NSWSC 1276

Martin v Carlisle [2008] NSWSC 1276

The caveat was incurably bad in form as it disclosed no interest; as there was no security interest, no caveatable interest arose and its lodgement was improper. The Defendant was given notice and opportunity to remove the caveat and indemnity costs are appropriate to discourage such conduct.

Jurisdiction
Australia
Judgment Date
21 November 2008
Procedural Posture
Summons for Removal of Caveat / Judgment
Outcome
Caveat removed; indemnity costs ordered against Defendant.
Legal Topics
['caveats' 'indemnity Costs' 'unsecured Loan' 'real Property Act 1900 (nsw) S 74 Ma']
['property Law' 'equity'] ['caveats' 'indemnity Costs' 'unsecured Loan' 'real Property Act 1900 (nsw) S 74 Ma']

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Procedural Posture

Summons for Removal of Caveat / Judgment

Legal Issues

  1. 1 ["Whether the Defendant's caveat was incurably bad in form" 'Whether indemnity costs should be ordered against the Defendant']

Ratio Decidendi

The caveat was incurably bad in form as it disclosed no interest; as there was no security interest, no caveatable interest arose and its lodgement was improper. The Defendant was given notice and opportunity to remove the caveat and indemnity costs are appropriate to discourage such conduct.

Court Disposition

Caveat removed; indemnity costs ordered against Defendant.

Orders

  • ["Order for removal of caveat in terms of paragraph 1 of Plaintiff's Summons." "Defendant to pay Plaintiff's costs of the proceedings on the indemnity basis."]