New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 74C

74C Caveats lodged under section 74B to lapse under certain circumstances

(1) A caveat lodged under section 74B which has not ceased to have effect lapses on the expiry of 3 months after the date on which it was so lodged, unless, before the end of that period, the caveator--

(a) has--

(i) obtained from the Supreme Court an order extending the operation of the caveat for such further period as may be specified in the order or until the further order of that Court, and

(ii) lodged with the Registrar-General the order or an office copy of the order, or

(b) has taken proceedings in a court of competent jurisdiction to establish title to the estate or interest specified in the caveat and has--

(i) where those proceedings have been determined in favour of the caveator--lodged with the Registrar-General the order or judgment setting out the determination of the court or an office copy of that order or judgment, or

(ii) where those proceedings have not yet been determined--lodged with the Registrar-General a notice verified by statutory declaration, to that effect or, if the notice is lodged electronically, verified in a way approved by the Registrar-General.

(2) Where a notice referred to in subsection (1) (b) (ii) has been lodged with the Registrar-General and the proceedings to which the notice relates are finally determined otherwise than in favour of the caveator, the caveat to which the notice relates lapses when the order or judgment setting out the determination of the court, or an office copy of that order or judgment, is lodged with the Registrar-General.

(3) Where a caveat lodged under section 74B remains in force, the primary applicant concerned may make an application in writing to the Registrar-General calling on the Registrar-General to prepare for service on the caveator a notice to the effect that, unless, within the period of 21 days after service of the notice, the caveator takes the action referred to in subsection (1) (a) or (b), the caveat will lapse.

(4) On receipt of an application made under subsection (3), the Registrar-General shall, if satisfied that the caveat would not otherwise cease to have effect before it would lapse under subsection (5) if a notice were to be served as referred to in that subsection, prepare for service on the caveator a notice in the form sought by the primary applicant.

(5) Where a notice prepared under subsection (4) has been served on the caveator, the caveat lapses on the expiry of 21 days after the date on which the notice was so served unless, before the end of that period of 21 days, the caveator has taken the action specified in subsection (1) (a) or (b) with respect to the land or, as the case may be, the estate or interest to which the caveat relates.