Wonderland Business Park Pty. Ltd. & Anor. v. Hartford Lane Pty. Ltd. & Anor.

This is an application for extension of a caveat.

The lapsing notice was received by the solicitors for the plaintiffs on 2nd February 2001. The application is brought on the day when the caveat is due to expire. It is said that the principal of the applicant was not available to swear an affidavit because of other business commitments. However, there is no evidence to that effect, and no detailed explanation of why those commitments meant that this application had to be made on the last day.

For those reasons, I refuse the ex parte application.

I will grant short notice and I will note that on the return of the summons, the plaintiff may be seeking either leave to lodge a fresh caveat, or alternatively an injunction.

I appoint 27th February 2001 for the return of the summons which I initial and date.

I direct that the summons and affidavits in support be served on Minter Ellison, Solicitors, at or before 5pm today, and if they do not accept service on behalf of the defendants, on the defendants at or before 12 noon on 26th February 2001.

I note that on the return of the summons, the plaintiff may seek leave to lodge further caveats, or alternatively an injunction.