Cobbold v Barrett

The case of Cobbold v Barrett involved an application for the extension of a caveat lodged by the plaintiff, Stanley George Cobbold, over land owned by the defendant, Elizabeth Michelle Barrett. The plaintiff argued that he had a caveatable interest in the land as the purchaser under an uncompleted contract for sale of land. The court had to decide whether the plaintiff had a serious question to be tried as to whether he was entitled to specific performance of the contract. The plaintiff submitted that there were serious issues to be tried, including whether the defendant had a contractual right to terminate the contract and whether equity would relieve against forfeiture of the plaintiff's interest in the subject land.

The court found that there were arguable issues as to whether the plaintiff had waived compliance with the finance clause and whether the defendant's termination of the contract was effective. The court also found that it was arguable that the defendant was estopped from terminating the contract and that equity may relieve against forfeiture of the plaintiff's interest. The court concluded that the balance of convenience favoured the extension of the caveat and ordered that the caveat be extended on the condition that the plaintiff institute and prosecute proceedings for the specific performance of the contract within a limited time.

The final orders of the court were not stated in the judgment, but it was noted that there would be liberty to apply so that the defendant may re-list the matter for further consideration should the plaintiff fail to institute and prosecute the proceedings in accordance with the court's orders.