Raptis & Ors v Wija Investments Development Pty Ltd [2007] NSWSC 870

Raptis & Ors v Wija Investments Development Pty Ltd [2007] NSWSC 870

The caveat was incurably bad in form for failing to sufficiently describe the interest claimed, so the application to extend the caveat was dismissed. However, there is a serious question to be tried whether the Deed creates an enforceable equitable charge conferring a caveatable interest.

Jurisdiction
Australia
Judgment Date
27 July 2007
Procedural Posture
Interlocutory Application / Application to Extend Caveat; Ex Tempore Judgment
Outcome
Application dismissed; costs reserved
Legal Topics
['caveats' 'equitable Charge' 'caveatable Interest' 'contract Formation' 'security Interests']
['property Law' 'equity'] ['caveats' 'equitable Charge' 'caveatable Interest' 'contract Formation' 'security Interests']

Case Brief

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Procedural Posture

Interlocutory Application / Application to Extend Caveat; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the caveat was incurably bad in form for insufficient description of interest' 'Whether the Deed created a caveatable interest in the property' 'Whether the terms of the Deed are too vague to be enforceable' 'Whether a present equitable charge was created by agreement']

Ratio Decidendi

The caveat was incurably bad in form for failing to sufficiently describe the interest claimed, so the application to extend the caveat was dismissed. However, there is a serious question to be tried whether the Deed creates an enforceable equitable charge conferring a caveatable interest.

Court Disposition

Application dismissed; costs reserved

Orders

  • ['Application dismissed' 'Costs reserved' "Matter stood into Duty Judge's list at 10am on 1 August 2007"]