MAWBEY v JANNINE PTY LTD (No 2) [1990] NSWCA 121

MAWBEY v JANNINE PTY LTD (No 2) [1990] NSWCA 121

Relief should be granted for a short, specified period to allow claimants to pursue special leave in the High Court to preserve their alleged interest in land, balancing urgency and status quo against inconvenience to the opponent, but not extended unnecessarily.

Parties
Claimant: Ronald Lindsay Mawbey and Others; Opponent: Jannine Pty Ltd
Jurisdiction
Australia
Judgment Date
24 April 1990
Procedural Posture
Motion to Extend Caveats / Application for Stay Pending Special Leave Application to High Court
Outcome
extension of caveats granted with limited duration
Legal Topics
Stay Pending Special Leave, Extension of Caveats, Balance of Convenience
Practice and Procedure Property Law Stay Pending Special Leave Extension of Caveats Balance of Convenience

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Parties

Ronald Lindsay Mawbey and Others

Claimant

Jannine Pty Ltd

Opponent

Procedural Posture

Motion to Extend Caveats / Application for Stay Pending Special Leave Application to High Court

Legal Issues

  1. 1 Should the Court extend the operation of caveats pending a proposed special leave application to the High Court?
  2. 2 What is the proper approach to relief preserving the status quo in these circumstances?

Ratio Decidendi

Relief should be granted for a short, specified period to allow claimants to pursue special leave in the High Court to preserve their alleged interest in land, balancing urgency and status quo against inconvenience to the opponent, but not extended unnecessarily.

Court Disposition

extension of caveats granted with limited duration

Orders

  • Operation of caveats Y783808 and Y783809 extended until Friday, 11 May 1990 at midnight, pursuant to s84K of the Real Property Act 1900.
  • Costs of the motion to be costs in the proceedings in the Court of Appeal.