Sakha & Sons Pty Ltd v Prime Gordon Pty Ltd and Another [2018] NSWSC 1827

Sakha & Sons Pty Ltd v Prime Gordon Pty Ltd and Another [2018] NSWSC 1827

Northern Group 3 Pty Limited, as purchaser under a contract of sale and caveator, holds only an unregistered equitable interest insufficient for joinder under s 88K(2)(b) of the Conveyancing Act 1919 (NSW); only the owner or person with interest evidenced by a registered instrument qualifies for joinder.

Jurisdiction
Australia
Judgment Date
23 November 2018
Procedural Posture
Equity Expedition List / Interlocutory Application for Joinder
Outcome
Application for joinder dismissed
Legal Topics
['easements' 'joinder of Parties' 'equitable Interests' 'caveats' 'trespass']
['property Law' 'civil Procedure'] ['easements' 'joinder of Parties' 'equitable Interests' 'caveats' 'trespass']

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Procedural Posture

Equity Expedition List / Interlocutory Application for Joinder

Legal Issues

  1. 1 ['Whether Northern Group 3 Pty Limited should be joined as a party to the proceedings and the cross-claim under Uniform Civil Procedure Rules 2005 (NSW) rr 6.26 and/or 6.27' 'Whether an equitable interest under a contract of sale and a lodged caveat entitles the purchaser to joinder under s 88K(2)(b) of the Conveyancing Act 1919 (NSW)']

Ratio Decidendi

Northern Group 3 Pty Limited, as purchaser under a contract of sale and caveator, holds only an unregistered equitable interest insufficient for joinder under s 88K(2)(b) of the Conveyancing Act 1919 (NSW); only the owner or person with interest evidenced by a registered instrument qualifies for joinder.

Court Disposition

Application for joinder dismissed

Orders

  • ['Application by Northern Group 3 Pty Limited to be joined as a party is dismissed']