CBD Prestige Properties (No. 3) Pty Ltd v Metropolitan Aboriginal Land Council

CBD Prestige Properties (No. 3) Pty Ltd, as the registered proprietor, applied for an extension of time to remove a caveat entered by the Metropolitan Aboriginal Land Council. The application was made ex parte and at the eleventh hour, and the applicant sought an interlocutory injunction to prevent the respondent from enforcing the caveat against the sale of property. The respondent opposed the application on the grounds that it was ex parte and that there was no evidence of a threatened breach of a joint venture agreement.

The court found that an ex parte application for an extension of time to remove a caveat should not be made, and that such applications should not be left until the last moment. The court also found that there was no evidence of a threatened breach of the joint venture agreement, and therefore, the applicant was not entitled to an interlocutory injunction.

The court refused the application for an extension of time and dismissed the application for an interlocutory injunction. The respondent was entitled to costs of the application.