Makucha v Nothintoohard Pty Ltd [2004] NSWSC 1038
Service of the lapsing notice was effective under s 74N of the Real Property Act 1900 because it was sent by registered post to the address specified in the caveat, and actual receipt by the caveator was not required.
- Parties
- Plaintiff: Paul Makucha; Defendant: Nothintoohard Pty Ltd; Defendant: Adam Shepard; Defendant: Ronald John Dean-Willcocks; Defendant: Registrar General of New South Wales
- Jurisdiction
- Australia
- Judgment Date
- 04 November 2004
- Procedural Posture
- Summons / Final Judgment at First Instance
- Outcome
- Proceedings dismissed with costs.
- Legal Topics
- Caveats, Torrens Title System, Service of Notice, Real Property Act 1900 S 74 N
Case Brief
Summary, issues, holding and outcome
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Parties
Paul Makucha
Plaintiff
Nothintoohard Pty Ltd
Defendant
Adam Shepard
Defendant
Ronald John Dean-Willcocks
Defendant
Registrar General of New South Wales
Defendant
Procedural Posture
Summons / Final Judgment at First Instance
Legal Issues
- 1 Whether the notice to caveator of proposed lapsing of caveat was served in accordance with s 74N of the Real Property Act 1900
- 2 Whether actual receipt of the lapsing notice by the caveator is required
Ratio Decidendi
Service of the lapsing notice was effective under s 74N of the Real Property Act 1900 because it was sent by registered post to the address specified in the caveat, and actual receipt by the caveator was not required.
Court Disposition
Proceedings dismissed with costs.
Orders
- Proceedings dismissed with costs.
- Existing interlocutory orders cease to have effect from today, stayed until 11.59 pm on 10 November 2004 for the purpose of an appeal.
Full Case Text
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