Kim Than Ty v Kim Eng Lo [1999] NSWSC 712
On the evidence, it was more likely that any misappropriation occurred from the vendors after the solicitor held the settlement moneys on their behalf, rather than from the purchaser. In the absence of documents held by the receiver, the Court could not say that the plaintiffs had, or may have had, an interest in the property, so the summons to extend the caveat was dismissed with costs.
- Jurisdiction
- Australia
- Judgment Date
- 06 July 1999
- Procedural Posture
- Application to Extend Caveat 3905007 / Hearing of Summons
- Outcome
- Summons dismissed with costs.
- Legal Topics
- ['caveats' 'extension of Caveat' "vendor's Lien" 'purchase Money' 'misappropriation by Solicitor']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Application to Extend Caveat 3905007 / Hearing of Summons
Legal Issues
- 1 ['Whether caveat 3905007 should be extended.' 'Whether the plaintiffs had or may have had an interest in the property based on an asserted lien for unpaid purchase money.' 'Whether the misappropriated money was misappropriated from the vendors or from the purchaser.']
Ratio Decidendi
On the evidence, it was more likely that any misappropriation occurred from the vendors after the solicitor held the settlement moneys on their behalf, rather than from the purchaser. In the absence of documents held by the receiver, the Court could not say that the plaintiffs had, or may have had, an interest in the property, so the summons to extend the caveat was dismissed with costs.
Court Disposition
Summons dismissed with costs.
Orders
- ['The summons is dismissed with costs.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment