13 Jul 2012
BOAT HARBOUR HOLDINGS LTD V STEVE MOWAT BUILDING LTD COA CA146/2011
- Citation
- COA CA146/2011
- Court
- Court of Appeal
A caveat can only be maintained if the caveator has a reasonably arguable proprietary interest at the time of lodging; sub-part 6 of the Property Law Act 2007 confers an inchoate contingent claim that does not amount to a caveatable proprietary interest until the court vests property or orders compensation, and adjudication outcomes/charging orders and potential remedial constructive trusts do not establish a caveatable interest here; accordingly the caveat must lapse.