Caveats

  • ANZ v Deqmo [2015] QSC 128

    21 August 2015
    Caveats lodged by cane farmers were ordered to be removed by the court and further caveats were then lodged by a purported lessee. The lender sought their removal and an order against the Registrar...
  • ANZ v Menzel [2015] QSC 127

    21 August 2015
    Pursuant to a settlement agreement reached with borrowers following a farm debts mediation, a course was agreed to sell the farms to repay the debt. The lender entered into contracts to sell the...
  • Permanent Custodians v Bertola [2015] WASC 301

    14 August 2015
    The lender efforts to sell were repeatedly stymied by a ‘serial caveator’ lodging nuisance caveats, alleging he was a long term lessee. The court said: The grant of any lease without the consent of...
  • Phoenician Holdings v Rahme [2015] NSWSC 587

    19 May 2015
    A solicitor took an unregistered mortgage over his client’s property to secure his costs and lodged a caveat. The solicitor sought an extension of the caveat. The client sought to have the deed of...
  • NAB v Waldron & Registrar of Titles [2015] VSC 141

    20 April 2015
    The borrowers wife placed a caveat over the property claiming she had, many years prior to the mortgage being entered into, agreed to buy the property off her husband and had paid substantial...
  • NAB v NSW [2015] FCA 289

    01 April 2015
    The borrower was declared bankrupt and security became vested in his trustee. The trustee in bankruptcy exercised his power to disclaim the property as ‘onerous property’ pursuant to s 133(1) of the...
  • White v White & Registrar of Titles [2014] VSC 449

    15 September 2014
    The background of this matter involves a husband and wife that entered into a Binding Financial Agreement when they separated. The couple owned two properties as joint tenants. One of the terms of...
  • CFHW v Burness [2014] VSC 451

    15 September 2014
    A corporate trustee bought property on behalf of a family trust. The director of the company paid the deposit and the balance was borrowed from a bank. That director later became bankrupt. The...
  • West Coast Developments v Lehmann [2014] VSC 293

    19 June 2014
    A developer purchased land using vendor finance and gave the vendor an equitable charge over the land, which he then subdivided and developed. The developer sought to refinance other loans secured...
  • Maxton & Maxton v Port Village Accommodation [2014] WASC 93

    25 March 2014
    A caveator sought an extension of its caveat which was opposed by the registered mortgagee. The caveator argued the fraud exception to indefeasibility. The caveator sought to infer dishonesty from...

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