Commonwealth Bank of Australia v Everingham

The Commonwealth Bank of Australia sought to remove a caveat lodged by Garry Everingham over a property, while Everingham sought to join a third party to the application and join his application with another proceeding. The matter was heard in the Queensland Supreme Court. The primary legal issues were whether the court should allow the joinder of a third party and another proceeding, and whether the caveat should be removed based on the applicant's indefeasibility of title and the respondent's failure to establish a serious question to be tried.

The court first addressed the issue of joinder. It found that Everingham had not established that the third party or the other proceeding involved substantially the same question as the application. The court held that the joinder would not assist Everingham in his application and dismissed the application to join the third party and join the proceeding. The court then turned to the issue of the caveat. It found that Everingham did not have a legal interest in the property as he was merely a purchaser under an instalment contract, and the applicant's interest in the land as mortgagee arose before Everingham's equitable interest. The court held that the applicant's title was indefeasible, and Everingham had not established a serious question to be tried. Therefore, the court ordered that the caveat be removed and that Everingham pay the applicant's costs.

In summary, the court dismissed Everingham's application to join a third party and join another proceeding and removed the caveat lodged by Everingham over the property. The court found that the joinder would not assist Everingham in his application and that the applicant's title was indefeasible. Everingham was ordered to pay the applicant's costs.