Blythe v Blythe [2018] NSWSC 1310

Blythe v Blythe [2018] NSWSC 1310

The defendant's interest, even taken at its highest, amounts to a claim for part of the proceeds of sale and not to a proprietary (caveatable) interest in the land. Accordingly, the caveat cannot be maintained and must be withdrawn.

Jurisdiction
Australia
Judgment Date
23 August 2018
Procedural Posture
Equity Caveat Removal Application / Hearing and Judgment (ex Tempore)
Outcome
Caveat to be removed; defendant to pay plaintiff's costs
Legal Topics
['caveatable Interest' 'constructive Trust' 'resulting Trust' 'caveats' 'interests in Land' 'family Property Dispute']
['land Law' 'equity'] ['caveatable Interest' 'constructive Trust' 'resulting Trust' 'caveats' 'interests in Land' 'family Property Dispute']

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Procedural Posture

Equity Caveat Removal Application / Hearing and Judgment (ex Tempore)

Legal Issues

  1. 1 ['Whether the defendant, David Blythe, has a caveatable interest in the property justifying the lodging of a caveat' 'Whether an alleged interest in the proceeds of sale constitutes a caveatable interest in land']

Ratio Decidendi

The defendant's interest, even taken at its highest, amounts to a claim for part of the proceeds of sale and not to a proprietary (caveatable) interest in the land. Accordingly, the caveat cannot be maintained and must be withdrawn.

Court Disposition

Caveat to be removed; defendant to pay plaintiff's costs

Orders

  • ['Pursuant to section 74MA of the Real Property Act 1900, the defendant is to withdraw caveat number XXX in respect of the land contained in folio identifier XXX on or before 24 August 2018.' "The defendant is to pay the plaintiff's costs of the proceedings." 'Direct that these orders be taken out forthwith.']