Makrypodis v Eleisawy [2014] NSWSC 1429

Makrypodis v Eleisawy [2014] NSWSC 1429

The plaintiffs' claims may have substance within the meaning of Real Property Act, s 74K(2), and there is a sufficiently seriously arguable case—based on expert opinion and factual dispute—for final relief to justify maintenance of caveats, pending expedited final hearing and subject to undertakings as to damages and expedition.

Jurisdiction
Australia
Judgment Date
17 October 2014
Procedural Posture
Interlocutory Application / Hearing and Orders for Continuation of Caveats Pending Final Determination
Outcome
Orders for continuation of caveats on interlocutory basis pending final determination; directions for expedited hearing and further case management.
Legal Topics
['caveats Against Dealings' 'specific Performance' 'contract Rescission' 'interlocutory Relief']
['real Property' 'equity'] ['caveats Against Dealings' 'specific Performance' 'contract Rescission' 'interlocutory Relief']

Case Brief

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Procedural Posture

Interlocutory Application / Hearing and Orders for Continuation of Caveats Pending Final Determination

Legal Issues

  1. 1 ['Whether the defendant breached the subject contracts by failing to use his best endeavours to have a subdivision plan registered by the contractual date' "Whether, if breach occurred, the plaintiffs' applications for specific performance should be dismissed due to laches or delay"]

Ratio Decidendi

The plaintiffs' claims may have substance within the meaning of Real Property Act, s 74K(2), and there is a sufficiently seriously arguable case—based on expert opinion and factual dispute—for final relief to justify maintenance of caveats, pending expedited final hearing and subject to undertakings as to damages and expedition.

Court Disposition

Orders for continuation of caveats on interlocutory basis pending final determination; directions for expedited hearing and further case management.

Orders

  • ['Plaintiffs’ caveats to continue pending final determination or further order, subject to undertakings as to damages and expedition.' 'Proceedings to be listed before Expedition Judge with direction to plaintiffs to file notice of motion for expedition.' 'Orders to define substantive questions for determination.'...