Hillcrest (Ilford) Pty Ltd v Kingsford (Ilford) Pty Ltd (No 3)

HIS HONOUR : On 16 April 2010 I made orders and delivered reasons for judgment: Hillcrest (Ilford) Pty Ltd v Kingsford (Ilford) Pty Ltd (No 2) [2010] NSWSC 285. Order 3 was: “Declaration that the defendants withdraw caveat number AF76146Q from the title of the property known as “Hillcrest”, xxxx xxxxxxxxxxx xxxxxxx, Ilford, New South Wales.”

The plaintiff now moves for a variation of Order 3 by adding at the end the following words: “within seven days from 21 May 2010, failing which the Registrar-General is to remove the caveat from the title known as, “Hillcrest”, xxxx xxxxxxxxxxx xxxxxxx, Ilford, New South Wales.”

The evidence discloses that the defendants have not complied with order 3 made on 16 April 2010 and that the plaintiff’s representations to the defendants that they do so have been to no avail. In the circumstances I accept that the order should be varied in the way sought by the plaintiff. Accordingly, I make orders in accordance with the document entitled “Order” dated 21 May 2010 which I initial and place with the papers.