Thomas v McKean [2006] NSWSC 1207

Leave to lodge further caveat cannot be granted where not all co-owners whose interests are affected are joined as parties and no evidence ties the defendant to any relevant agreement.

Parties: Plaintiff: Graham Russell Thomas; Defendant: Elena Ann McKean
Jurisdiction: Australia
Judgment Date: 27 October 2006
Procedural Posture: Application for Leave to Lodge Further Caveat / Summons Dismissed
Outcome: summons dismissed with costs
Legal Topics: Torrens Title, Caveats, Co Owners, Leave to Lodge Further Caveat

Real Property Torrens Title Caveats Co Owners Leave to Lodge Further Caveat

Case Brief

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Parties

Graham Russell Thomas

Plaintiff

Elena Ann McKean

Defendant

Procedural Posture

Application for Leave to Lodge Further Caveat / Summons Dismissed

Legal Issues

1 Whether leave should be granted to lodge a further caveat affecting co-owned land without joining all co-owners as parties
2 Whether there is an arguable case for a caveatable interest against the defendant

Ratio Decidendi

Leave to lodge further caveat cannot be granted where not all co-owners whose interests are affected are joined as parties and no evidence ties the defendant to any relevant agreement.

Court Disposition

summons dismissed with costs

Orders

Summons dismissed with costs
No indemnity costs order