Ranieri v Johnson [2012] NSWSC 428

Ranieri v Johnson [2012] NSWSC 428

The caveat did not disclose a caveatable interest as there was no concluded agreement for lease nor any interest in land vested in the defendant; even if there were, such an interest would vest in the proposed lessee, XL Australia Pty Ltd, not in the defendant as vendor of the business. The failure of the defendant to comply with directions, absence of evidence, and the hopelessness of the caveat justified orders for withdrawal and indemnity costs.

Jurisdiction
Australia
Judgment Date
11 April 2012
Procedural Posture
Application for Withdrawal of Caveat / Final Hearing and Orders
Outcome
Order for withdrawal of caveat, with costs on the indemnity basis.
Legal Topics
['withdrawal of Caveat' 'caveatable Interest' 'affidavit Evidence' 'indemnity Costs']
['real Property' 'civil Procedure'] ['withdrawal of Caveat' 'caveatable Interest' 'affidavit Evidence' 'indemnity Costs']

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Procedural Posture

Application for Withdrawal of Caveat / Final Hearing and Orders

Legal Issues

  1. 1 ['Whether the caveat discloses a caveatable interest under the Real Property Act 1900 (NSW)' 'Whether an order pursuant to s 74MA should be made for withdrawal of the caveat' 'Whether defendant should have leave to rely on a late affidavit']

Ratio Decidendi

The caveat did not disclose a caveatable interest as there was no concluded agreement for lease nor any interest in land vested in the defendant; even if there were, such an interest would vest in the proposed lessee, XL Australia Pty Ltd, not in the defendant as vendor of the business. The failure of the defendant to comply with directions, absence of evidence, and the hopelessness of the caveat justified orders for withdrawal and indemnity costs.

Court Disposition

Order for withdrawal of caveat, with costs on the indemnity basis.

Orders

  • ['Pursuant to s 74MA of the Real Property Act 1900 (NSW), the defendant or person authorised by him to forthwith withdraw caveat AG824610Y against the property in folio identifier 1/222332.' 'Orders to be entered forthwith.' "Defendant to pay the plaintiff's costs on the indemnity basis." 'Costs are to be assessed...