A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
|
 |
|
Construction
Monday, 2 March 2015
|
|
Executive Summary (One Minute Read)
|
|
|
| Rahgeb
Naguib Awadallah v Hymix Australia Pty Ltd (NSWSC) - caveat -
equitable mortgage over property arising from guarantee - caveat removed on
condition of payment of debt
|
| Summaries With Link (Five Minute Read) |
Rahgeb Naguib Awadallah v Hymix
Australia Pty Ltd
[2015] NSWSC 117
Supreme
Court of New South Wales
McDougall
J
Real
property - caveat - equitable mortgage over property arising from guarantee - plaintiff
was director of company - defendant claimed it supplied concrete to company on
basis it held director’s guarantee - defendant claimed payment of amount in
District Court from director -
director claimed guarantee abandoned or terminated - caveat lodged against
plaintiff’s title as joint tenant in parcels of real estate - one parcel of
real estate had been sold - plaintiff
sought removal of caveat - validity of caveat - balance of convenience - held: caveat
did not on its face go beyond rights asserted arising under guarantee - sufficient
justice would be done to parties if caveat withdrawn in relation to property
which had been sold on condition that amount be paid into Court to abide outcome of debt
recovery proceedings in District Court.
Rahgeb
Naguib Awadallah
|
|
|
