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Recent Cases

Saravinovski v Saravinovska - [2017] NSWCA 85; BC201703164 - 04 May 2017

Posted in Family on 9 June 2017

Supreme Court of New South Wales, Court of Appeal

Judge(s)

Beazley ACJ, Leeming JA and Emmett AJA

The Judges of the Court of
Appeal affirmed a decision ordering the adjustment of the property of a
father-in-law in favour his daughter-in-law on the basis of their ‘close
personal relationship’ within the meaning of the (NSW) Property (Relationships)
Act 1984 s 4.

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Xabregas v St George Bank -A Division of Westpac Banking Corporation [2017] NSWSC 200 (Property Law)

Posted in Family on 13 April 2017

Xabregas v St George Bank - A Division of Westpac Banking Corporation [2017] NSWSC 200

Supreme Court of New South Wales

Darke J

Real property - caveats - plaintiff was registered proprietor of property as
tenant in common in equal shares - plaintiff sought under s74K Real Property
Act 1900 (NSW) to extend operation of caveat against title to lot in strata
plan and leave to ‘lodge fresh caveats if necessary’ - defendant held
registered first mortgage over property and was in possession of it - bank sold
property at auction - plaintiff claimed bank had engaged in improper exercise
of power of sale - held: plaintiff failed to establish grounds to restrain
contract for sale’s completion - not appropriate to grant leave under s74O to
lodge further caveat - leave refused

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