Public Trustee v Theissl [1999] NSWSC 708

Public Trustee v Theissl [1999] NSWSC 708

The interest claimed by the Public Trustee is so remote, being contingent upon success in hypothetical future proceedings to impose a constructive trust, that it does not warrant extension of the caveat in the exercise of judicial discretion.

Jurisdiction
Australia
Judgment Date
06 July 1999
Procedural Posture
Application Under Real Property Act 1900 S 74 K / Judgment on Application for Extension of Caveat
Outcome
Application dismissed with costs
Legal Topics
['torrens System' 'caveats' 'extension of Caveat' 'constructive Trust' 'murder and Survivorship']
['equity' 'conveyancing'] ['torrens System' 'caveats' 'extension of Caveat' 'constructive Trust' 'murder and Survivorship']

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Procedural Posture

Application Under Real Property Act 1900 S 74 K / Judgment on Application for Extension of Caveat

Legal Issues

  1. 1 ["Whether to extend a caveat under s 74K Real Property Act 1900 when the Public Trustee's claimed interest is based on suspicion the surviving joint tenant was involved in murder of the deceased" 'Whether there is a sufficient interest for extension of caveat' 'Whether an injunction restraining the defendant from dealing with the land should be granted']

Ratio Decidendi

The interest claimed by the Public Trustee is so remote, being contingent upon success in hypothetical future proceedings to impose a constructive trust, that it does not warrant extension of the caveat in the exercise of judicial discretion.

Court Disposition

Application dismissed with costs

Orders

  • ['Summons in matter number 2888 of 1999 dismissed with costs']