15 Oct 2010
CUBE BUILDING SOLUTIONS LIMITED V KINGLOCH HOLDINGS LIMITED HC CHCH CIV-2009-409-000935
- Citation
- openlaw-32c91bdb_49d1_48ab_ac3b_035dcb221965.pdf
- Court
- High Court
The existing caveat failed to comply with s137(2)(c) because it did not state how the claimed interest was derived from the registered proprietor (it named the wrong parties), so that caveat must lapse; however Cube demonstrated a reasonably arguable case for an equitable mortgage over title CB 8K/322 and arguable Land Transfer Act fraud such that, exercising discretion under s148, leave to lodge a second caveat limited to CB 8K/322 was granted subject to conditions (lodgement deadline and payment of costs).