Antar v Fairchild Development [2008] NSWSC 638

There was a dispute between a landlord and tenant about a lease. The lease had been negotiated in principle but they got hung up on the fine detail. The tenant lodged a caveat which was justified as between the landlord and tenant. The mortgagee whose mortgage was in default appointed a receiver and sought to force completion of a pre-existing sale which was apparently higher than the current market. To complete the sale the mortgagee had to remove the caveat and approached the court. Justice Palmer held that as between the landlord and the tenant the caveat was warranted. If the mortgagee came back wanting the caveat removed so it could complete a power of sale that would be a different question.

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