JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: BROGUE TABLEAU PTY LTD -v- BINNINGUP NOMINEES PTY LTD [2007] WASCA 179
CORAM: WHEELER JA
PULLIN JA
BUSS JA
HEARD: 15 MAY 2007
DELIVERED : 31 AUGUST 2007
FILE NO/S: CACV 97 of 2006
BETWEEN: BROGUE TABLEAU PTY LTD (ACN 009 271 970)
Appellant
AND
BINNINGUP NOMINEES PTY LTD (ACN 008 794 938)
Respondent
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram :MASTER SANDERSON
Citation :BINNINGUP NOMINEES PTY LTD -v- BROGUE TABLEAU PTY LTD [2006] WASC 156
File No :CIV 1001 of 2006
Catchwords:
Torrens system - Caveat - Caveatable interest existed - Absolute caveat lodged - Court ordered removal of absolute caveat - Claim for compensation - Whether caveat was lodged without reasonable cause - The "imputing" to a client of a solicitor's absence of reasonable grounds for advice where the client, on the basis of that advice, lodges a caveat
Words and phrases - "Without reasonable cause"
Legislation:
Transfer of Land Act 1893 (WA), s 137, s 138, s 139, s 140, s 142
Result:
Appeal allowed
Category: A
Representation:
Counsel:
Appellant: Mr D G Robertson
Respondent: Mr C L Zelestis QC & Mr J A Thomson
Solicitors:
Appellant: Arthur Metaxas & Co
Respondent: Tottle Partners
Case(s) referred to in judgment(s):
Beca Developments Pty Ltd v Idameneo (No 92) Pty Ltd (1990) 21 NSWLR 459
Bedford Properties Pty Ltd v Surgo Pty Ltd [1981] 1 NSWLR 106
Binningup Nominees Pty Ltd v Brogue Tableau Pty Ltd [2004] WASC 14
Bolton v Excell (Unreported, WASCA, Library No 930175, 22 February 1993)
Bundock Bros v Bergl & Co (1897) 8 QLJ 106
Coles KMA Ltd v Sword Nominees Pty Ltd (1986) 44 SASR 120
Commonwealth Bank of Australia v Baranyay [1993] 1 VR 589
Commonwealth Dairy Produce Equalisation Committee Ltd v Hanson [1944] QSR 95
Dalleagles Pty Ltd v Australian Securities Commission (1991) 4 WAR 325
Deputy Commissioner of Taxation v Corwest Management Pty Ltd [1978] WAR 129
Dykstra v Dykstra (1991) 22 NSWLR 556
Edmonds v Donovan (2005) 12 VR 513
Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87
Farvet Pty Ltd v Frost [1997] 2 Qd R 39
General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125
Gordon v Treadwell Stacey Smith [1996] 3 NZLR 281
Hooke v Holland [1984] WAR 16
J & H Just (Holdings) Pty Ltd v Bank of New South Wales (1971) 125 CLR 546
John Street Marina Pty Ltd v Minister for Transport [2005] WASC 171
Kaihu Valley Railway Co v Kauri Timber Co (1889) 11 NZLR 403
Kuper v Keywest Constructions Pty Ltd (1990) 3 WAR 419
Lee v Ross (No 2) [2003] NSWSC 507; (2003) 11 BPR 20,991
Leros Pty Ltd v Terara Pty Ltd (1992) 174 CLR 407
Longmuir v The Commonwealth (1986) 88 FLR 399
Keep reading for free
Create a free CaseChat account to read Brogue Tableau Pty Ltd v Binningup Nominees Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2007] WASCA 179
- Decision Date
CaseChat Overview and Summary
The legal issues centred on the circumstances under which a caveat could be deemed to have been lodged without reasonable cause. The court had to consider whether it was appropriate to impute the solicitor's lack of reasonable grounds to Binningup, given that Binningup acted on the solicitor's advice in lodging the caveat. The court had to balance the protection of property rights under the Torrens system with the need to ensure that caveats are not used frivolously or as a tactical maneuver.
The court held that the caveat was not lodged without reasonable cause, as Binningup had a bona fide belief in the existence of a caveatable interest based on the solicitor's advice. The court found that imputing the solicitor's lack of reasonable grounds to Binningup was not appropriate, as Binningup had genuinely relied on the advice. Consequently, the appeal was allowed, and the order for Brogue to pay compensation to Binningup was set aside. The court's decision emphasised the importance of the client's belief in the caveatable interest, independent of the solicitor's advice, in determining whether a caveat was lodged without reasonable cause.
Orders
Orders of the court
Appeal allowed
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.