Taylor Property Group Pty Limited v Permanent Trustee Australia Limited [2011] NSWSC 318

Taylor Property Group Pty Limited v Permanent Trustee Australia Limited [2011] NSWSC 318

The second defendant, as registered mortgagee, has priority over the caveatable interest claimed by the first defendant. There is no serious question to be tried, and balance of convenience does not favour retention of the caveat. The caveat should be removed.

Jurisdiction
Australia
Judgment Date
12 April 2011
Procedural Posture
Application to Remove Caveat / Ex Tempore Judgment
Outcome
Caveat removed as sought in paragraph 1 of the summons; costs awarded against Mr Hamilton on indemnity basis.
Legal Topics
['removal of Caveat' 'caveatable Interest' 'priority of Mortgagees']
['real Property'] ['removal of Caveat' 'caveatable Interest' 'priority of Mortgagees']

Case Brief

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Procedural Posture

Application to Remove Caveat / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the caveat over the Alexandria property should be removed given the prior claim of registered first mortgage and caveatable interest.']

Ratio Decidendi

The second defendant, as registered mortgagee, has priority over the caveatable interest claimed by the first defendant. There is no serious question to be tried, and balance of convenience does not favour retention of the caveat. The caveat should be removed.

Court Disposition

Caveat removed as sought in paragraph 1 of the summons; costs awarded against Mr Hamilton on indemnity basis.

Orders

  • ['The caveat over the Alexandria property is to be removed.' "Mr Hamilton to pay plaintiff's and second defendants' costs on an indemnity basis."]