Pyoja v 284 Bronte Road Developments [2003] NSWSC 818

Pyoja v 284 Bronte Road Developments [2003] NSWSC 818

Order under s 74K(3) dispensing with service not justified; however, special circumstances exist justifying the making of an order under s 74O allowing a fresh caveat to be lodged on conditions, due to genuine inadvertence and personal hardship.

Parties
Plaintiff: Pyoja Pty Ltd; Defendant: 284 Bronte Road Developments Pty Ltd
Jurisdiction
Australia
Judgment Date
27 August 2003
Procedural Posture
Application for Extension of a Caveat / Ex Parte Application
Outcome
Order under s 74O allowing lodgement of a fresh caveat, to be withdrawn by a specified date unless further order is made.
Legal Topics
Caveat, Ex Parte Application, Order Under S 74 O
Real Property Caveat Ex Parte Application Order Under S 74 O

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 2 Authorities cited 2 Party arguments 1
Sign in to unlock

Parties

Pyoja Pty Ltd

Plaintiff

284 Bronte Road Developments Pty Ltd

Defendant

Procedural Posture

Application for Extension of a Caveat / Ex Parte Application

Legal Issues

  1. 1 Whether the extension of a caveat should be granted on an ex parte basis
  2. 2 Circumstances under which an order under s 74O, Real Property Act 1900 (NSW), should be made

Ratio Decidendi

Order under s 74K(3) dispensing with service not justified; however, special circumstances exist justifying the making of an order under s 74O allowing a fresh caveat to be lodged on conditions, due to genuine inadvertence and personal hardship.

Court Disposition

Order under s 74O allowing lodgement of a fresh caveat, to be withdrawn by a specified date unless further order is made.

Orders

  • A fresh caveat in identical terms to the current caveat may be lodged, on the condition it be withdrawn by Tuesday, 2 September 2003, unless extended by the Court.