Ida v Voldis Care Ltd [2024] NSWSC 1487

The evidence does not establish that any contract for sale was ever signed or exchanged by both parties; the caveat has no substantive basis and must be withdrawn.

Parties: First Plaintiff: Ida Concentta; Second Plaintiff: Giuseppe Lagana; Third Plaintiff: Nancy Mary Bagala; Defendant: Voldis Care Limited
Jurisdiction: Australia
Judgment Date: 18 November 2024
Procedural Posture: Application for Withdrawal of Caveat / Ex Tempore Judgment, Hearing and Orders
Outcome: Plaintiffs succeed. Application granted.
Legal Topics: Withdrawal of Caveat, Registered Proprietors' Application, Real Property Act 1900 S 74 MA, Alleged Contract of Sale

Equity Land Law Withdrawal of Caveat Registered Proprietors' Application Real Property Act 1900 S 74 MA Alleged Contract of Sale

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Parties

Ida Concentta

First Plaintiff

Giuseppe Lagana

Second Plaintiff

Nancy Mary Bagala

Third Plaintiff

Voldis Care Limited

Defendant

Procedural Posture

Application for Withdrawal of Caveat / Ex Tempore Judgment, Hearing and Orders

Legal Issues

1 Whether there was a contract exchanged between the plaintiffs and the defendant justifying the caveat
2 Whether the caveat had any substantive basis

Ratio Decidendi

The evidence does not establish that any contract for sale was ever signed or exchanged by both parties; the caveat has no substantive basis and must be withdrawn.

Court Disposition

Plaintiffs succeed. Application granted.

Orders

Order pursuant to s 74MA of the Real Property Act 1900 that caveat AU521672 recorded on the title of the land at 1287 to 1299 The Horsley Drive, Wetherill Park (being the land contained in certificate of title Folio Identifier lots 1 to 9 in Deposited plan 1171624) be withdrawn by the defendant by 21 November 2024.
Order that the defendant pay the plaintiffs' costs of the proceedings.