Citi Nominees Pty Ltd v Skipworth

Citi Nominees Pty Ltd and three other companies sought to extend the operation of caveats lodged against property held in joint tenancy by Mr and Mrs Skipworth. Mrs Skipworth applied to set aside the orders extending the operation of the caveats, arguing that they were made as a result of material non-disclosure by the caveators. The dispute came before the Supreme Court of Western Australia. The central issue before the court was whether the ex parte orders extending the operation of the caveats should be set aside due to the material non-disclosure by the caveators. Specifically, the court had to determine if the non-disclosure was significant enough to warrant setting aside the orders. The court considered that the orders were made based on evidence of a purported charge having been granted by both registered proprietors. The fact that Mrs Skipworth had no notice of the applications and the allegations of forgery by Mr Skipworth were critical in the decision. The court concluded that the non-disclosure was indeed material and thus set aside the orders extending the operation of the caveats.