Hanslow v Weblin [2009] NSWSC 557

Hanslow v Weblin [2009] NSWSC 557

The question of whether there was a caveatable interest was not a discrete issue suitable for separate determination in the interests of a just, quick and cheap resolution, because the pleadings also raised estoppel based on reliance on the deed and the interest in the property and there had been a further application for loan since the first loan.

Jurisdiction
Australia
Judgment Date
16 June 2009
Procedural Posture
Notice of Motion for Determination of a Separate Question Under Uniform Civil Procedure Rules 2005, R 28.2 / Application Before Hearing of Other Issues
Outcome
Order to determine the issue before hearing of other issues refused; paragraph 1 of the notice of motion dismissed.
Legal Topics
['torrens System' 'caveats Against Dealings' 'joint Tenancy' 'separate Questions' 'preliminary Issues']
['conveyancing' 'civil Procedure'] ['torrens System' 'caveats Against Dealings' 'joint Tenancy' 'separate Questions' 'preliminary Issues']

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Procedural Posture

Notice of Motion for Determination of a Separate Question Under Uniform Civil Procedure Rules 2005, R 28.2 / Application Before Hearing of Other Issues

Legal Issues

  1. 1 ['Whether a caveatable interest exists in land jointly owned by the defendants.' 'Whether a joint tenant may charge his interest in land without severance of the joint tenancy.' 'Whether the issue of caveatable interest should be determined separately before the rest of the hearing under Uniform Civil Procedure Rules 2005, r 28.2.']

Ratio Decidendi

The question of whether there was a caveatable interest was not a discrete issue suitable for separate determination in the interests of a just, quick and cheap resolution, because the pleadings also raised estoppel based on reliance on the deed and the interest in the property and there had been a further application for loan since the first loan.

Court Disposition

Order to determine the issue before hearing of other issues refused; paragraph 1 of the notice of motion dismissed.

Orders

  • ['Paragraph 1 of the notice of motion dismissed.' 'Costs be costs in the cause.']