Devere Holdings Pty Ltd v Verge

Devere Holdings Pty Ltd sought to remove a caveat lodged by Verge over a parcel of land. The dispute was heard and determined in the Supreme Court of Queensland. The primary issue before the Court was the extent to which a party may amend a caveat before a hearing, and whether the Court should allow an application to amend the caveat on the day of the hearing. Devere sought leave to amend its caveat to clarify and expand upon the basis of its opposition to the registration of a transfer of title. Verge opposed the application on the basis that it was filed too late and would prejudice its right to a fair hearing.

The Court noted that there is a limit to the power of a Court to allow a party to amend a caveat before a hearing, and that parties are required to confer and attempt to resolve their disputes before a hearing. However, the Court held that the matter turned on its own facts, and that the application should be determined in accordance with the relevant statutory provisions. The Court found that Devere had acted promptly in filing its application, and that Verge had not been prejudiced by the late filing. The Court further found that the amendment was necessary to properly oppose the registration of the transfer of title, and that it was in the interests of justice to allow the amendment. Accordingly, the Court granted the application and removed the caveat.