Redglove Projects v Ngunnawal Local Aboriginal Council [2004] NSWSC 880

Redglove Projects v Ngunnawal Local Aboriginal Council [2004] NSWSC 880

A mere negative covenant not to encumber or dispose of land contained in a contract does not constitute or create an estate or interest in land for the purposes of s 74F(1) of the Real Property Act 1900 (NSW). Equity's willingness to enforce the covenant by injunction does not transmute a purely personal claim into a proprietary interest. Consequently, the plaintiff had no caveatable interest arising from the relevant deed or covenants.

Jurisdiction
Australia
Judgment Date
24 September 2004
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['caveats' 'equitable Interests' 'negative Covenants']
['property Law' 'equity'] ['caveats' 'equitable Interests' 'negative Covenants']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether a negative covenant not to encumber or dispose of land constitutes or creates an estate or interest in the land under s 74F of the Real Property Act 1900 (NSW)' 'Whether the plaintiff is entitled to relief by way of injunction to enforce negative covenants against dealing with the land' 'Whether such an entitlement confers a caveatable interest']

Ratio Decidendi

A mere negative covenant not to encumber or dispose of land contained in a contract does not constitute or create an estate or interest in land for the purposes of s 74F(1) of the Real Property Act 1900 (NSW). Equity's willingness to enforce the covenant by injunction does not transmute a purely personal claim into a proprietary interest. Consequently, the plaintiff had no caveatable interest arising from the relevant deed or covenants.

Court Disposition

Appeal dismissed

Orders

  • ["Appeal from Master's decision dismissed" "Plaintiff to pay the first defendant's costs of and incidental to the appeal"]