Wakelam v Boardman [2007] NSWSC 135

Wakelam v Boardman [2007] NSWSC 135

The operation of the caveat should be extended, given the balance of convenience, the peculiarity of the contract, the absence of prejudice to the defendant if the contract goes off, and the seriously arguable case for the plaintiff, provided the usual undertaking as to damages is given.

Jurisdiction
Australia
Judgment Date
22 February 2007
Procedural Posture
Application for Extension of Caveat / Interlocutory
Outcome
Caveat extended until further order.
Legal Topics
['torrens System' 'caveats' 'proprietary Estoppel' 'constructive Trust' 'executor' 'sale of Property']
['equity' 'conveyancing'] ['torrens System' 'caveats' 'proprietary Estoppel' 'constructive Trust' 'executor' 'sale of Property']

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Procedural Posture

Application for Extension of Caveat / Interlocutory

Legal Issues

  1. 1 ['Whether the caveat should be extended until further order' 'Whether a constructive trust interest arises by way of proprietary estoppel']

Ratio Decidendi

The operation of the caveat should be extended, given the balance of convenience, the peculiarity of the contract, the absence of prejudice to the defendant if the contract goes off, and the seriously arguable case for the plaintiff, provided the usual undertaking as to damages is given.

Court Disposition

Caveat extended until further order.

Orders

  • ['Upon the plaintiff by his counsel giving to the Court the usual undertaking as to damages, operation of caveat AC828898 extended until further order.' "Defendant to pay plaintiff's costs of proceedings." 'Order (1) to be entered forthwith.' 'Exhibits may be returned.']