Feldman v Blake Napier Ltd [2022] NSWSC 1255

Feldman v Blake Napier Ltd [2022] NSWSC 1255

The plaintiff failed to establish a proper evidentiary basis for a caveatable interest or entitlement to lodge a further caveat, especially after a lapse, so leave under s 74O was refused; order for arbitration and request for further hearing were dismissed; costs ordered on ordinary basis.

Jurisdiction
Australia
Judgment Date
09 September 2022
Procedural Posture
Notice of Motion and Summons (caveat Extension) / Ex Tempore Judgment Following Hearing
Outcome
Plaintiff's claims dismissed with costs; applications for leave to lodge further caveat, arbitration, and adjournment refused.
Legal Topics
['caveats' 'fraudulent Transfer of Land' 'trusts' 'extension of Caveat' 'leave to Lodge Further Caveat' 'alternative Dispute Resolution' 'arbitration']
['real Property' 'equity'] ['caveats' 'fraudulent Transfer of Land' 'trusts' 'extension of Caveat' 'leave to Lodge Further Caveat' 'alternative Dispute Resolution' 'arbitration']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notice of Motion and Summons (caveat Extension) / Ex Tempore Judgment Following Hearing

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to lodge a further caveat under s 74O of the Real Property Act 1900 (NSW)' 'Whether the plaintiff holds a caveatable interest as a former registered proprietor' 'Whether an order should be made referring the dispute to Jewish Court of Law Arbitration (Beis Din)' 'Whether the plaintiff is entitled to further hearing to state her case' 'Appropriateness of costs order']

Ratio Decidendi

The plaintiff failed to establish a proper evidentiary basis for a caveatable interest or entitlement to lodge a further caveat, especially after a lapse, so leave under s 74O was refused; order for arbitration and request for further hearing were dismissed; costs ordered on ordinary basis.

Court Disposition

Plaintiff's claims dismissed with costs; applications for leave to lodge further caveat, arbitration, and adjournment refused.

Orders

  • ['Upon plaintiff undertaking to pay filing fee, leave granted to file Notice of Motion.' 'Notice of Motion dated 9 September 2022 dismissed with costs payable by plaintiff on ordinary basis.' 'Summons dated 7 September 2022 dismissed.']