Goldberg v Campbell and Shaw

Goldberg, the plaintiff, filed an application seeking the removal of a caveat lodged by Campbell and Shaw, the second defendant, on the title of a property. The application was brought under section 90(3) of the Transfer of Land Act 1958 (Vic), and the matter was heard in the Supreme Court of Victoria. The plaintiff contended that there was a prima facie case to be tried and that the balance of convenience favoured the removal of the caveat. The defendants argued that the caveat should remain in place.

The court considered whether there was a prima facie case that the plaintiff was entitled to the land, and whether the balance of convenience favoured the removal of the caveat. The court found that there was a prima facie case but determined that the balance of convenience did not favour the removal of the caveat without amendment. The court was of the opinion that an order for removal should be made but stayed pending an application to amend the caveat. Additionally, the plaintiff sought an order for the sale of the co-owned land and division of the proceeds under Part IV of the Property Law Act 1958 (Vic). The court declined to order the sale but adjourned the application to allow for further consideration.

The court's reasoning hinged on the balance of convenience, which was found to favour retaining the caveat in its current form. The court allowed the order for removal to be made but stayed the order pending the amendment of the caveat. The court also declined to order the sale of the property and division of the proceeds but indicated that the application for sale and division could be reconsidered at a later date.