10 Aug 2023
Applicant failed to present evidence supporting a reasonably arguable beneficial interest by constructive trust; allegations were unsupported and inherently improbable, the caveat was an abuse of process to gain leverage in an unrelated commercial dispute, and accordingly the application to prevent the caveat lapsing was dismissed and indemnity costs awarded to respondents.
10 Feb 2021
The caveat was removed because the caveator failed to establish a reasonably arguable beneficial interest in the land: the SPA was properly at an end or terminable and there was no arguable equitable lien or constructive trust arising from AWIL's conduct; Ms Chen's claims were speculative and unsupported by evidence and therefore could not sustain a caveat under s 138 of the Land Transfer Act 2017; the associate judge lacked jurisdiction to grant a blanket order barring future caveats but directed the matter be listed before a justice to consider that relief and directed AWIL to file submissi…
28 Oct 2016
The Declaration of Trust proved that the defendant held his registered interest on trust for the plaintiff and breached that trust by refusing to transfer; accordingly, pursuant to s 52(1)(g) Trustee Act 1956 the Court vested the defendant's right, title and interest absolutely in the plaintiff and authorised the Registrar to record the transfer; indemnity costs were awarded against the defendant for his conduct.
26 May 2016
Sale of the land under s339(1)(a) was necessary to realize value for residuary beneficiaries; defendant's persistent non‑engagement justified appointment of a valuer, direction of sale (auction or tender) with reserve fixed at the valuation, payment of sale/valuation expenses from proceeds, appointment of the Registrar to execute documents if required, and an award of indemnity costs of $15,154.70 against the defendant.
15 Apr 2015
Proceeding struck out as an abuse of process because it sought to re-litigate issues already considered by Ellis J, the plaintiff had no legitimate interest or standing in the underlying complaint, the statutory breach was de minimis and could not have produced a different outcome, and the relief sought (including referral to the Attorney-General for remedial training) is not a recognised remedy; indemnity costs awarded to respondent.
20 May 2009
Plaintiff proved on the evidence that the first defendant copied confidential and copyright material without permission, provided it to the second defendant who knowingly received it, breached duties of fidelity and confidence, caused quantifiable loss of $56,138.32, and is entitled to final delivery up and injunctions, damages with interest, joint and several liability for disbursements, and indemnity costs due to flagrant misconduct (including deletion after a court order).
14 Nov 2008
Both trustees were removed: plaintiff removed due to incapacity; defendant removed because he misconstrued and ignored his duties, diverted income into his own account, failed to account, preferred his interests despite notice of the plaintiff's need, and registered a caveat without basis; Public Trust appointed sole trustee and the caveat was removed.
3 Oct 2008
The statutory demand was set aside because the applicants demonstrated that the demand was improperly made and there were substantive grounds to set it aside under s290 (including substantial dispute/other grounds); the respondent made no appearance or evidentiary response; accordingly the Court exercised its power under s290 to set aside the demand and awarded indemnity costs against the respondent and the officer who executed the demand.