Mijo Developments v Royal Agnes Waters [2007] NSWSC 199

Mijo Developments v Royal Agnes Waters [2007] NSWSC 199

The plaintiffs' claim for reconveyance and constructive trust constituted a right in relation to the land and met the threshold of a serious issue to be tried. However, the balance of convenience, including failure to provide an undertaking as to damages and the defendants' undertaking not to dispose of the land,...

Source-derived case information.

Parties
Plaintiff: Mijo Developments Pty Limited; Plaintiff: Mijo Investments Pty Limited; Defendant: Royal Agnes Waters Pty Limited; Defendant: Royal 1770 Airport Pty Limited; Defendant: Royal 1770 Tree Pty Limited
Jurisdiction
Australia
Judgment Date
09 March 2007
Procedural Posture
Urgent Interlocutory Application / Interlocutory Motion for Caveat Removal
Outcome
Application granted; caveats to be removed; costs to plaintiffs.
Legal Topics
Caveats Against Dealings, Torrens System, Constructive Trust, Interlocutory Injunctions
Property Law Equity Caveats Against Dealings Torrens System Constructive Trust Interlocutory Injunctions

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Parties

Mijo Developments Pty Limited

Plaintiff

Mijo Investments Pty Limited

Plaintiff

Royal Agnes Waters Pty Limited

Defendant

Royal 1770 Airport Pty Limited

Defendant

Royal 1770 Tree Pty Limited

Defendant

Procedural Posture

Urgent Interlocutory Application / Interlocutory Motion for Caveat Removal

Legal Issues

  1. 1 Whether the plaintiffs have a caveatable interest under s 122(1)(a) of the Land Title Act 1994 (QLD)
  2. 2 Whether a claim to a constructive trust or right to reconveyance amounts to an 'interest' under s 36(b) of the Acts Interpretation Act 1954 (QLD)
  3. 3 Balance of convenience for removal of caveats

Ratio Decidendi

The plaintiffs' claim for reconveyance and constructive trust constituted a right in relation to the land and met the threshold of a serious issue to be tried. However, the balance of convenience, including failure to provide an undertaking as to damages and the defendants' undertaking not to dispose of the land, heavily favoured removal of the caveats.

Court Disposition

Application granted; caveats to be removed; costs to plaintiffs.

Orders

  • Queensland Land Registry Caveat No. 710196975 be removed forthwith.
  • Queensland Land Registry Caveat No. 710196989 be removed forthwith.