Kell & Rigby P/L v Flurrie P/L [2006] NSWSC 906

REAL PROPERTY – Land under Torrens Title – Caveats – BUILDING AND ENGINEERING CONTRACTS – Residential Building Contracts – in what circumstances can residential building contract create caveatable interest - Home Building Act 1989, s 7D – whether s 7D(3)(c) defines terms of permissible charge or event precedent to enforceability – whether judgments obtained by registration of adjudication certificates under Building and Construction Industry Security of Payment Act are judgments that payments of moneys due under the contract be made within s 7D(3)(c) – whether caveatable interest can be created by estoppel when creation by contract prohibited.

 ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW), ss 3, 8, 9, 11, 16, 32 - Building Services Corporation Legislation Amendment Act 1996 (NSW) - Commercial Arbitration Act 1984 (NSW) -Corporations Law (Cth), s 562A - Home Building Act 1989 (NSW), ss 7D(1), (2), (3), 95(4) - Home Building Amendment Act 1998 (NSW) - Home Building Amendment Bill 1998 (NSW) - Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 6

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