Meng v Pan [2006] NSWSC 774

Meng v Pan [2006] NSWSC 774

The plaintiff, as a shareholder of the company owning the land, does not have a caveatable interest in the property and is not entitled to leave to lodge a further caveat under s 74O of the Real Property Act 1900 (NSW).

Jurisdiction
Australia
Judgment Date
28 July 2006
Procedural Posture
Application for Leave to Lodge Further Caveat / Ex Parte Hearing in Equity Division
Outcome
Summons dismissed
Legal Topics
['caveats' 'caveatable Interest' 'shareholder Interest in Company Owning Land']
['real Property'] ['caveats' 'caveatable Interest' 'shareholder Interest in Company Owning Land']

Case Brief

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Procedural Posture

Application for Leave to Lodge Further Caveat / Ex Parte Hearing in Equity Division

Legal Issues

  1. 1 ['Whether a shareholder of a company which owns land has a caveatable interest in the land' 'Whether leave should be granted to lodge a further caveat in breach of s 74O Real Property Act 1900 (NSW)']

Ratio Decidendi

The plaintiff, as a shareholder of the company owning the land, does not have a caveatable interest in the property and is not entitled to leave to lodge a further caveat under s 74O of the Real Property Act 1900 (NSW).

Court Disposition

Summons dismissed

Orders

  • ['Summons dismissed']