Abdallah v Baygan [2020] NSWSC 166

Abdallah v Baygan [2020] NSWSC 166

Given the order for judicial sale, no appearance or opposition from the fourth defendant, and compliance with statutory service requirements, orders for withdrawal of caveats are appropriate under s 74MA.

Parties
First Plaintiff: Brian Abdallah; Second Plaintiff: Karli Anderson; First Defendant: Ali Baygan; Second Defendant: Samaneh Ghabelzadeh; Third Defendant: Westpac Banking Corporation; Fourth Defendant: ACN 601 158 507 Pty Ltd; Fifth Defendant: Bilpin Projects Pty Ltd; Sixth Defendant: Impero Pacific Group Pty Ltd
Jurisdiction
Australia
Judgment Date
02 March 2020
Procedural Posture
Notice of Motion for Withdrawal of Caveats / Ex Tempore Orders Following Hearing
Outcome
Orders granted for withdrawal of caveats lodged by fourth, fifth, and sixth defendants; default powers delegated to Registrar in Equity.
Legal Topics
Removal of Caveat, Judicial Sale, Real Property, Mortgages
Equity Land Law Removal of Caveat Judicial Sale Real Property Mortgages

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Parties

Brian Abdallah

First Plaintiff

Karli Anderson

Second Plaintiff

Ali Baygan

First Defendant

Samaneh Ghabelzadeh

Second Defendant

Westpac Banking Corporation

Third Defendant

ACN 601 158 507 Pty Ltd

Fourth Defendant

Bilpin Projects Pty Ltd

Fifth Defendant

Impero Pacific Group Pty Ltd

Sixth Defendant

Procedural Posture

Notice of Motion for Withdrawal of Caveats / Ex Tempore Orders Following Hearing

Legal Issues

  1. 1 Whether caveats lodged by the fourth, fifth, and sixth defendants should be withdrawn under s 74MA of the Real Property Act 1900 (NSW) in light of judicial sale orders and absence of caveator appearance

Ratio Decidendi

Given the order for judicial sale, no appearance or opposition from the fourth defendant, and compliance with statutory service requirements, orders for withdrawal of caveats are appropriate under s 74MA.

Court Disposition

Orders granted for withdrawal of caveats lodged by fourth, fifth, and sixth defendants; default powers delegated to Registrar in Equity.

Orders

  • Pursuant to s 74MA, caveat AN710218 by fourth defendant to be withdrawn by 12 noon 3 March 2020.
  • Upon written notice, caveat AP287694 by fifth defendant to be withdrawn on or before settlement 4 March 2020.