ANZ Banking Group Ltd v Hubner & Hubner

ANZ Banking Group Ltd applied to the Supreme Court of Queensland for orders that a caveat lodged by Colin Richard Hubner and Yvonne Hubner over certain land be removed and that the respondents be restrained from lodging further caveats over that land. The applicants sought these orders following a default judgment obtained against the respondents for the recovery of possession of the land. The respondents lodged the caveat in an attempt to resist the default judgment and the applicants’ entitlement to vacant possession of the land. The court had to determine whether the respondents had a caveatable interest in the land and whether the applicants were entitled to the orders sought.

The court held that the respondents did not have a caveatable interest in the land as the grounds for the caveat were incorrect and without evidentiary basis. The court also held that the respondents were not entitled to lodge a further caveat over the land without the leave of the court. The court dismissed the application for an injunction to restrain the respondents from lodging further caveats over the land. However, the court ordered that the caveat be removed and that the respondents pay the applicants' costs of and incidental to the application.

The court ordered that the caveat lodged by the respondents over the land be removed and dismissed the application for an injunction to restrain the respondents from lodging further caveats over the land. The court ordered that the respondents pay the applicants' costs of and incidental to the application.