Gold Road v Platt

[2019] VSC 714

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

COMMON LAW DIVISION

PRACTICE COURT

S ECI 2019 04377

GOLD ROAD NO. 3 PTY LTD (ACN 620 057 776) AS TRUSTEE FOR GOLD ROAD UNIT TRUST NO. 3	Plaintiff
v
DAVID GEOFFREY PLATT	First Defendant
-and-
ELIZABETH JOAN PLATT	Second Defendant

---

JUDGE:	Ginnane J
WHERE HELD:	Melbourne
DATE OF HEARING:	11 October 2019
DATE OF JUDGMENT:	17 October 2019 (Revised)
CASE MAY BE CITED AS:	Gold Road v Platt
MEDIUM NEUTRAL CITATION:	[2019] VSC 714

---

REAL PROPERTY – Caveat – Whether defendants had an estate or interest in land – When registered proprietor purchased property under a contract with defendants – Whether consideration for contract illusory – Whether defendants entered into contract because of plaintiff’s misleading and deceptive contract – Whether defendants had an estate or interest in land – Order for removal of caveat Transfer of Land Act1958 s 90(3).

REAL PROPERTY – Registered proprietor seeking possession order – Defendants’ possession under licence – Licence determined – Possession order made – Supreme Court (General Civil Procedure) Rules 2015 order 53.

---

APPEARANCES:	Counsel	Solicitors
For the Plaintiff	G Lubofsky	Sladen Legal
For the First Defendant	In person
For the Second Defendant	J Stavris	De Wet Partnership

HIS HONOUR:

1. The plaintiff, which I will call Gold Road, seeks orders that it be granted possession of the land contained in Certificate of Title volume 3568, folio 408 and that the Registrar of Titles remove a caveat lodged by the defendants over that title. The land is 29 Beach Road, Hampton (‘the property’).

1. I will first deal with the caveat lodged by the two defendants, Mr David Geoffrey Platt and Ms Elizabeth Joan Platt, who were previously the registered proprietors of the property and who registered the caveat. They claim a freehold estate, and an absolute prohibition on Gold Road dealing with the land. Ms Platt, the second defendant, but not Mr Platt, is in possession of the property.

1. The plaintiff, Gold Road, became registered proprietor of the land on 1 October 2018.

1. The party claiming the estate or interest under a caveat must establish a prima facie case of an estate or interest in the land, after which the Court must consider the balance of convenience to determine whether the caveat should be removed.

1. The background to this matter is as follows. Evergrande Properties Pty Ltd was controlled by Mr Michael Elliott, a property developer who also controls Gold Road, the plaintiff. Evergrande entered into a contract with Mr and Mrs Platt, dated 28 March 2017, to purchase the property for $2.2m, which was less than the then Council valuation. That contract did not proceed at that time, and Evergrande commenced specific performance proceedings in this Court, while the Platts brought a redemption action by counterclaim.

1. Much of the Platts' case concerns how they came to execute the 2017 contract. They say that it was not intended that they transfer the title at that stage. But the Supreme…