Windlock Pty Ltd v Velibor Davidovic & Ors [2014] NSWSC 269

Windlock Pty Ltd v Velibor Davidovic & Ors [2014] NSWSC 269

The first and fourth caveats were lodged without reasonable cause because the relevant allegations were not denied and the caveats had been removed by the court, so the plaintiff was entitled to compensation for pecuniary loss. The second defendant was not liable under s 74P because the second caveat was lodged by DMZ Investment (NSW) Pty Ltd, and signing the statutory declaration in the caveat did not amount to lodging the caveat.

Jurisdiction
Australia
Judgment Date
20 March 2014
Procedural Posture
Claim for Compensation Under S 74 P of the Real Property Act 1900 NSW for Caveats Allegedly Lodged Without Reasonable Cause / Plaintiff's Motion for Judgment After No Defence Was Filed; Defendants' Motions to Set Aside Default Judgment and for Leave to File Defences
Outcome
Judgment for the plaintiff against the first and fourth defendants; judgment for the second defendant against the plaintiff; defendants' motions dismissed.
Legal Topics
['caveats' 'improper Caveats' 'statutory Compensation' 'real Property Act 1900 NSW S 74 P' 'meaning of "lodges a Caveat"']
['property Law' 'real Property' 'equity'] ['caveats' 'improper Caveats' 'statutory Compensation' 'real Property Act 1900 NSW S 74 P' 'meaning of "lodges a Caveat"']

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Procedural Posture

Claim for Compensation Under S 74 P of the Real Property Act 1900 NSW for Caveats Allegedly Lodged Without Reasonable Cause / Plaintiff's Motion for Judgment After No Defence Was Filed; Defendants' Motions to Set Aside Default Judgment and for Leave to File Defences

Legal Issues

  1. 1 ['Whether the first, second and fourth caveats were lodged without reasonable cause' 'Whether the plaintiff sustained pecuniary loss attributable to the lodgement of the caveats' 'Whether the second defendant lodged the second caveat within the meaning of s 74P of the Real Property Act 1900 NSW' 'Whether a person who makes a statutory declaration in a caveat form is liable as a person who lodges a caveat']

Ratio Decidendi

The first and fourth caveats were lodged without reasonable cause because the relevant allegations were not denied and the caveats had been removed by the court, so the plaintiff was entitled to compensation for pecuniary loss. The second defendant was not liable under s 74P because the second caveat was lodged by DMZ Investment (NSW) Pty Ltd, and signing the statutory declaration in the caveat did not amount to lodging the caveat.

Court Disposition

Judgment for the plaintiff against the first and fourth defendants; judgment for the second defendant against the plaintiff; defendants' motions dismissed.

Orders

  • ['Judgment in favour of the plaintiff against the first defendant.' 'The first defendant is to pay the plaintiff damages in the sum of $450.00.' "The first defendant is to pay the plaintiff's costs according to the Local Court scale." 'Judgment in favour of the plaintiff against the fourth defendant.' 'The fourth...