Caveats

ANZ v Menzel [2015] QSC 127

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 farms as mortgagee and the borrowers lodged caveats to prevent the settlements occurring and the lender sought their removal. The borrowers argued …

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NAB v Waldron & Registrar of Titles [2015] VSC 141

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 amounts to him to that end.  The Court found for the bank and ordered the caveat removed, commenting: However, even if the …

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White v White & Registrar of Titles [2014] VSC 449

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 the Agreement was that the husband would transfer his interest in property A to the wife. Similarly, the wife would transfer her …

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West Coast Developments v Lehmann [2014] VSC 293

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 by undeveloped lots which required the removal of the vendor’s caveats over the fully develop lots so they could be provided as additional security …

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Maxton & Maxton v Port Village Accommodation [2014] WASC 93

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 the fact that the borrower knew of the existence of the charge, yet proceeded to grant the mortgage to secure a debt in excess of …

Maxton & Maxton v Port Village Accommodation [2014] WASC 93 Read More »

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