16 Oct 2019
The caveat asserted a beneficial interest that does not bind the registered first mortgagee; accordingly the caveat was removed under s 142 Land Transfer Act 2017, subject to protection only as between the applicant and the caveators and conditional upon presentation for registration of a transfer from the applicant.
24 May 2016
Given the strict automatic lapsing consequences under s145A and the risk to any equitable interest if the caveat lapses, and with the respondent not opposing preservation, the Court must grant an interim order preserving the caveat and list a substantive hearing to determine the merits.
14 Apr 2016
Contemporaneous documents (settlement statement, solicitor's trust account entries and solicitor's written acknowledgement) demonstrated the deposit and settlement funds were paid by the purchaser; applicant failed to establish a reasonably arguable case that the respondent holds the property as trustee for the applicant and Joe Yan, therefore the caveat could not be maintained and the application to sustain it was dismissed.
12 Jun 2014
Contemporaneous written documentation (FishServe transfer records, solicitor settlement statements and transfer documents) demonstrate the transactions were sales not loans secured by the property; the applicant's account is inconsistent, partly deceitful and lacks credibility; therefore no arguable caveatable interest exists and the caveat must be dismissed.
28 Apr 2008
The registered mortgagee's prior registered interest and its valid exercise of the power of sale took precedence over the caveator's subsequently registered equitable claim; accordingly the caveat was unjustified and must be removed.
10 Apr 2008
The applicant's asserted interest appeared to be at best an income entitlement under the wills, which is unlikely to support a caveat over the estate being sold; balancing the urgency and risk to the purchaser and absence of strong evidence for a proprietary interest, the Court ordered removal of the caveat as to SA323/66 and adjourned the remainder to allow the applicant to obtain legal advice and to establish an arguable interest.