MAWBEY v JANINE PTY LTD [No 1] [1990] NSWCA 120

MAWBEY v JANINE PTY LTD [No 1] [1990] NSWCA 120

The authority of Svanosio v McNamara stands in the way of the claimants; there is no arguable case for continuing the caveat, and the contracts are valid on their face, so leave to appeal should be refused.

Parties
Claimant: Mawbey; Opponent: Janine Pty Ltd
Jurisdiction
Australia
Judgment Date
24 April 1990
Procedural Posture
Application for Leave to Appeal / Summons for Leave to Appeal
Outcome
leave to appeal refused
Legal Topics
Vendor and Purchaser, Sale of Land, Caveat, Contracts
Property Law Vendor and Purchaser Sale of Land Caveat Contracts

Case Brief

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Parties

Mawbey

Claimant

Janine Pty Ltd

Opponent

Procedural Posture

Application for Leave to Appeal / Summons for Leave to Appeal

Legal Issues

  1. 1 Whether caveat by vendors to protect their claim to a continuing interest in the land should be continued after completion by conveyance
  2. 2 Effect of discrepancy between counterpart copies of stock contract on the parties' positions after completion

Ratio Decidendi

The authority of Svanosio v McNamara stands in the way of the claimants; there is no arguable case for continuing the caveat, and the contracts are valid on their face, so leave to appeal should be refused.

Court Disposition

leave to appeal refused

Orders

  • summons for leave to appeal dismissed with costs