1 Aug 2022
The caveator established a reasonably arguable beneficial interest under the Deed of bare trust and it was not patently clear that the 30 May 2021 email terminated that trust interest; accordingly the caveat must be preserved pending substantive proceedings.
20 Aug 2020
Refusal to award increased costs: the 29 April 2020 offer extended beyond the discrete caveat issue and conferred substantial prospective rights and obligations on the parties, making rejection reasonable at the time; the respondents' initiation of the s 143 Land Transfer Act 2017 process was not an unreasonable step warranting uplift.
6 Jul 2020
Applicant established a reasonably arguable case that a secured indebtedness of approximately $80,000–$100,000 remains, supporting an equitable mortgage; documentary and affidavit evidence favoured applicant and respondents' alternative explanations were not credible, so the caveat must be sustained under s 143(4) pending further order.