Latest Case Notes

The book
Journal
college of law logo

Caveatable Interest

  • Taleb v National Australia Bank [2011] NSWSC 1562

     15 December 2011
    The two parties to this litigation were cheated by a dead fraudster into lending money to his company on the basis that they would receive a mortgage or charge over the same property. The fraudster was in the pawn broking business. The first lender, an...
    View More

  • Break Fast Investments v C & O Voukidis [2011] NSWSC 871

     15 August 2011
    A caveator lodged a caveat which described the interest claimed as arising from contributions to the purchase price of properties and the facts supporting the interest as other associated payments. The resulting trust argument arising from...
    View More

  • ACN 075 911 410 v Almaty [2011] NSWSC 333

     20 April 2011
    The owner of land granted a charge over it to secure brokerage. The broker sought an extension of its caveat which was opposed by the owner’s co-developer of the land.  The law is that the court must determine whether the caveator's claim “has or...
    View More

  • Circuit Finance Australia v Panella [2011] NSWSC 311

     15 April 2011
    A purchaser bought property but his solicitor failed to notice a caveat on title. The purchaser was unable to register the transfer and the court was called upon to determine what price the purchaser had to pay for its solicitor’s negligence. As all...
    View More

  • Bayblu Holdings v Capital Finance Australia [2011] NSWCA 39

     25 February 2011
    The borrower lodged a caveat to prevent the sale of the property by the mortgagee which it claimed to be at undervalue. The lender sought a withdrawal of caveat. The Judge found for the lender and the borrower appealed.  Insufficient sale proceeds to...
    View More

  • Bank of Queensland v Hoerman [2011] NSWSC 73

    22 February 2011
    The borrowers were eccentric. They resisted possession on the grounds that they had seceded from Australia and established an independent sovereign country which was not subject to the jurisdiction of the Court. The bank was granted judgment and...
    View More

  • Albarran v Joe & Joe Developments [2010] NSWSC 1385

     24 November 2010
    The caveat in this case described the nature of the interest as being: An equitable interest arising under a Deed of Company Arrangement DOCA because the provisions that establish the right of equalisation are contained in the (deed of company...
    View More

  • Meng v Pan [2006] NSWSC 774

    28 July 2008
    The Plaintiff lodged a caveat in respect of land owned by the company in which he was a 50 per cent shareholder. The caveat subsequently lapsed. The Plaintiff sought to lodge a further caveat. The Registrar-General gave notice that a further caveat was...
    View More

  • Andrews v Wilcox [2008] NSWSC 280

     17 March 2008
    Mrs Andrews loaned money to Mr Wilcox (but not Mrs Wilcox) on security of the Wilcox family home (owned jointly by Mrs and Mr Wilcox). A caveat was lodged over the interest of both owners - a fatal mistake which the Court held prevented the caveat...
    View More

  • Pacific Blue Australia v Somalis [2008] NSWSC 75

     08 February 2008
    This was a determination of the costs in the case below with Palmer J holding: It seems to me that the Plaintiff was entirely justified, not only in commencing proceedings for removal of the caveats, but also in obtaining those orders, despite the...
    View More

  • Nittis v Nittis [2007] NSWSC 1407

     01 November 2007
    These were proceedings for the withdrawal of a caveat. The property was the subject of a contract of sale with settlement booked for the day after the proceedings. The Defendant submitted that there was a bitter matrimonial dispute between the...
    View More

  • Hawke v ACN 117 688 356 [2007] NSWSC 1272

     24 October 2007
    The Defendant-Lender in these proceedings issued a letter of offer to the Plaintiff-Borrower to loan $1.3 million on mortgage security which was signed and returned. The letter of offer stipulated that if the Plaintiff did not proceed with the loan...
    View More

  • Iaconis v Lazar [2007] NSWSC 1103

     05 October 2007
    The Plaintiffs sought interim orders pursuant to s 74MA of the Real Property Act 1900 that two caveats be withdrawn by the Defendants. Section 74MA provides that any person who claims to be entitled to an estate or interest in land described in a...
    View More

  • Sama Zaraah v 888 Projects [2007] NSWSC 1041

    31 August 2007
    The case concerned an order to extend the operation of a caveat over prospective lots in a proposed subdivision of Torrens Title land until further orders were made by the Court. The caveat asserted that the estate or interest in the land was of an...
    View More

  • Raptis v Wija Investments Development [2007] NSWSC 870

    27 July 2007
    The case concerned an application to extend a caveat. What the Court had to consider was whether the phrase “equitable interest” sufficiently described the interest claimed. The Court held that a description of the estate or interest in land merely...
    View More

  • Surfers Paradise Coaches (Qld) v Tsu Chan Lin [2007] NSWSC 475

    03 May 2007
    The case concerned an application to extend a caveat or, alternatively, for an order pursuant to s 74O of the Real Property Act 1900 (NSW) that the Plaintiff have leave to lodge further caveats. The caveatable interest was pursuant to a deed of...
    View More

  • Wehbe v Abboud [2007] NSWSC 548

     21 March 2007
    In the case the caveat claimed an “equitable interest” by virtue of “exchange contract of sale of the subject property dated 19 November 2006”. However, the caveat was lodged by a party, namely a vendor’s conveyancer, who was not a party to...
    View More

  • Mijo Developments v Royal Agnes Waters [2007] NSWSC 199

     09 March 2007
    This case involved Queensland caveats however the Court accepted jurisdiction noting: The parties are agreed that this Court has jurisdiction to deal with the application and that it should do so even though the relevant land is in Queensland. The...
    View More

  • Oceanview Group Holdings v Anastazija Balaz [2006] NSWSC 1469

    20 December 2006
    The Plaintiff lodged a caveat claiming an equitable interest by way of a constructive trust in land of which the first Defendant was the registered proprietor. The constructive trust was said to arise from the Defendants’ use in whole, or in part, of...
    View More

  • Thomas v McKean [2006] NSWSC 1207

     27 October 2006
    This case was an application for leave to lodge a further caveat pursuant to Real Property Act 1900 (NSW), s 74O. An earlier caveat had been lodged by the Plaintiff in respect of the subject land but it had lapsed as a result of service of a lapsing...
    View More

  • Zhang v Wang [2006] NSWSC 1196

    27 October 2006
    The Plaintiff claimed an order extending the operation of a caveat lodged in respect of property which the registered proprietor was the Defendant. The caveat claimed an interest as "debt", pursuant to agreements between the registered proprietor and...
    View More

  • Gippsreal v Garner Transport & Haulage [2006] NSWSC 1229

    26 October 2006
    This case concerned an application to extend the operation of a caveat. The interest claimed was pursuant to an obligation in a mortgage. However the mortgage had already been discharged. Therefore, the Court held that there was no seriously arguable...
    View More

  • Warden v Mortgage House No 1 [2006] NSWSC 1462

    05 October 2006
    The Defendants were the registered proprietors of three lots on which a Hungry Jacks outlet stood. Mr Abboud sought short term funding for the purchase of the property. Mr Warden agreed to advance to Mr Abboud the amount required to pay stamp duty on...
    View More

  • Agmon Investments v Inglis [2006] NSWSC 932

    11 September 2006
    The Plaintiff sought the extension of a caveat pursuant to s.74K Real Property Act 1900 (NSW). The application was opposed on the ground that the Plaintiff had no caveatable interest. Counsel for the Defendant indicated that in an application to extend...
    View More

  • Kell & Rigby v Flurrie [2006] NSWSC 906

     06 September 2006
    The Defendant contracted the Plaintiff to provide construction management services in connection with the construction of a mixed residential/commercial building on the properties. The contract was amended to include a provision which purported to...
    View More

  • FTFS Holdings v Business Acquisitions Australia [2006] NSWSC 846

     14 August 2006
    The Plaintiff sought an order under s.74MA of the Real Property Act 1900 (NSW) for the removal of a caveat lodged by the Defendant over the Plaintiff's property. The Plaintiff argued that leave of the Court to file the subject caveat was required under...
    View More

  • Coast Reov O’Brien [2006] NSWSC 613

     15 June 2006
    This was an application by the Plaintiff to extend the operation of two caveats lodged over real estate owned by the First Defendant. The caveats were lodged pursuant to a charging clause contained in a Commercial Credit Facility and Supply Agreement...
    View More

  • Milstern Retirement Services v The Owners Strata Plan No 22521 [2006] NSWSC 301

     11 April 2006
    This case concerned an application for the extension of a caveat. The Plaintiff was the developer of a retirement village known as the Bayside Park Retirement Village. The caveat which the Plaintiff sought to have extended was one which it placed on...
    View More

  • Moon v Wyniard [2006] NSWSC 451

     05 January 2006
    This was an application to extend a caveat. There was a Contract for the sale of land in the name of the daughter of Plaintiffs as purchaser. The name of the purchaser had been altered by the secretary in the Defendants' solicitors' office at the...
    View More

  • GE Capital Finance v Sunset Investments [2005] NSWSC 1205

     07 November 2005
    The case concerned an unregistered mortgage granted to the Plaintiff, GE Capital Finance Pty as mortgagee. The Plaintiff had advanced moneys by way of a loan to Fenning Timbers (Australia) Pty. Sunset Investments was a guarantor of Fenning’s...
    View More

  • Redman Constructionv Tarnap [2005] NSWSC 1011

    07 October 2005
    The case is concerned with land title under the Torrens System. The Court considered whether leave lodging a caveat which claims the same interest as a previous caveat can be granted retrospectively. In determining this question, regard was had to...
    View More

  • Circuit Finance P/L v Crown & Gleeson Securities P/L [2005] NSWSC 997

    01 September 2005
    The case concerned the adequacy of a caveat which claimed merely an "equitable interest". The provisions in Part 7A of the Real Property Act 1900 and Real Property Regulation 2003 indicate that the characterization and description of the nature of an...
    View More

  • Hanson Construction Materials v Vimwise Civil Engineering [2005] NSWSC 880

    25 August 2005
    The case concerned an application to remove two caveats. The application for the removal of caveats was challenged on two bases. Firstly, it was alleged that the charge that was created over the land was in substance a floating charge which, it was...
    View More

  • Nick Kardiasmenos v Pioneer Management [2005] NSWSC 770

    20 July 2005
    In this case the Plaintiff provided all the money for purchase of land for a development project at Ambervale.  Title in the townhouses and villas which were to be developed on the land were to be vested in the 1st Defendant. Ultimately the project...
    View More

  • McKeand v Thomas [2005] NSWSC 419

     19 April 2005
    The case concerned an application to extend a caveat lodged against the title to the First Defendant’s land. The Plaintiffs lodged a caveat against the Defendants' land claiming an interest in that land pursuant to an oral agreement for the grant of...
    View More

  • Luxury Homes v Danieli [2005] NSWSC 379

     12 April 2005
    The central issue in this case was whether the right to develop land, have land sold and receive a portion of the proceeds gives rise to a caveatable interest. In Epple v Wilson [1972] VR 440, it was held that an interest in the proceeds of the sale of...
    View More

  • Hazim v Chipis [2005] NSWSC 199

     08 March 2005
    The case concerned an application under s 74MA of the Real Property Act 1900 for a declaration that the persons who lodged caveats over the Plaintiffs' property have no caveatable interest in that land and for the withdrawal of the caveats. The caveats...
    View More

  • Grima v Grima [2005] NSWSC 180

     10 February 2005
    The case concerned an application to extend a caveat against dealing on land titles under the Torrens system. The Plaintiff is the daughter of the Defendants and claimed to have a beneficial estate in fee simple. The Plaintiff claimed the estate or...
    View More

  • Harvie v. Stevens [2004] NSWSC 1217

     26 November 2004
    In this case the Plaintiff sought an order under s.74MA of the Real Property Act to compel the Defendant to withdraw a caveat placed upon the title to certain property. The Defendant and the Plaintiff were formerly married but are now divorced. The...
    View More

  • Buildev Development v PIC Sales [2003] NSWSC 1245

     12 December 2003
    The case concerned an application to extend a caveat. The caveator was the Grantee of an option to acquire the land in question. That option was one which was granted by a Deed. The dispute arose from a purported exercise of the right conferred under...
    View More

  • Deabel v V'Landys [2002] NSWSC 438

    21 May 2002
    The Plaintiff sought leave to amend a caveat which she has lodged against the title to the Defendant’s and an order extending the operation of the caveat until further order. The Plaintiff and the Defendant had an intimate de facto sexual...
    View More

  • Jones v Baker [2002] NSWSC 89

     12 February 2002
    The Plaintiff sought to extend a caveat which was placed upon the Defendant’s title to property at Kurrajong. The Plaintiff also sought a declaration that he had an equitable interest in that property by virtue of an oral agreement. The Plaintiff was...
    View More

  • Kang v Kwan [2001] NSWSC 624

     13 July 2001
    The case concerned an application by the Plaintiff to extend the operation of a caveat in relation to property belonging to the First Defendant. As the Plaintiff failed at the threshold in establishing a caveatable interest in the subject property, the...
    View More

  • Parnell v Cummins [2001] NSWSC 430

     03 May 2001
    The case concerned an application by the Plaintiff to extend a caveat over the Plaintiff's share in land as tenant in common in equal shares. The evidence showed that the Plaintiff is the holder of the fee simple in that land as tenant in common in...
    View More

  • Forder v Cemcorp [2001] NSWSC 281

     11 April 2001
    The Court had to consider whether to order the extension of a caveat under s.74F of the Real Property Act 1900. To determine this question, regard must be had to whether the persons by whom the caveats have been lodged may be properly regarded as...
    View More

  • Valerica v Global Minerals [2000] NSWSC 1144

     08 December 2000
    The caveatable interest claimed in this case was that of an equitable chargee over the interest of an unregistered transferee in the land which had been transferred to a third party (Global) by fraud. The Court had to consider whether the interest of a...
    View More

  • Windella (NSW) v Ronald James Hughes [1999] NSWSC 1129

    18 November 1999
    In this case the Defendants contested the continuance of the Plaintiff’s two caveats.  According to the Defendants, the caveats failed, beyond any possible remediation under s74L of the Real Property Act 1900 (NSW), to specify any estate or...
    View More

  • Big River Timbers v Stewart [1999] NSWCA 34

     04 March 1999
    Multiform Pty Limited was granted a credit account subject to the execution of a Guarantee by the company’s two directors Douglas Crane and Ian Stewart. The issue was whether the charge given in the Guarantee (which was a joint and several Guarantee)...
    View More

Search Our Website