Michael John Smith t/a Michael Smith Constructions v Avibe P/L : J & S Heddle P/L [2006] NSWSC 1402

CONVEYANCING [191]- Caveat- Extension- Money owed to builder for work done- Building contract for residential building purported to create charge over property at moment of contract- Act generally avoiding creation of charges- Significance of "hereby charges", "subject to the Act"- Charge not valid- Extension of caveat refused.

LEGISLATION CITED: Building & Construction Industry Security of Payment Act, 1999 - Home Building Act, 1989, s 7D - Real Property Act 1900, s 74K

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