Bonini v Western Australian Real Estate Custodian Ltd

The case of Bonini v Western Australian Real Estate Custodian Ltd involved the plaintiffs, Giancarlo and Angelina Bonini, who sought an extension of a caveat they had lodged on a property held by the first defendant, Western Australian Real Estate Custodian Ltd. The dispute centred on the validity of the caveat and the plaintiffs' right to extend it under section 138B of the Transfer of Land Act 1893. The legal issues before the court included whether the plaintiffs had a caveatable interest in the land and if the court had the authority to finally determine the merits of the caveator's claim.

Pullin J held that the plaintiffs had a caveatable interest in the land as unit holders in a unit trust, which entitled them to a beneficial interest in the trust fund. The court found that the plaintiffs' interest was proprietary and not merely equitable, allowing them to lodge a caveat. The judge rejected the argument that the caveat should be removed on the basis of commercial inconvenience, stating that the plaintiffs were entitled to protect their interest by lodging a caveat. The court granted the application for an extension of the caveat, but limited the extension to a period until further order of the court, acknowledging that circumstances could change, such as if the trustee sold the land.