Granger and Bennett-Slattery

In *Granger and Bennett-Slattery*, the Supreme Court of Queensland was asked to determine whether a caveat lodged by the respondents, Granger and Bennett-Slattery, against a parcel of land owned by the applicant, Mr. Granger, was valid. Mr. Granger sought to have the caveat removed.

The central legal issue before the Court was whether the respondents had a sufficient caveatable interest in the land to justify the lodgement of the caveat. Specifically, the Court had to consider whether the respondents' claim to an equitable interest in the land, arising from an alleged agreement for sale, was sufficiently arguable to defeat the applicant's proprietary rights as registered owner.

Strickland J found that the respondents had failed to demonstrate a *prima facie* case of an equitable interest in the land. The Court applied the principles governing the removal of caveats, requiring the caveator to establish a serious question to be tried regarding their alleged interest. In this instance, the evidence presented by the respondents did not establish a concluded agreement for sale, nor did it demonstrate the necessary elements for the creation of an equitable interest that would bind the registered proprietor. Consequently, the Court ordered the removal of the caveat.