INDUSTRIAL PROGRESS CORPORATION PTY LTD -v- WILSON [2013] WASC 225
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2013] WASC 225 | |
| Case No: | CIV:1715/2013 | 21 MAY 2013 | |
| Coram: | BEECH J | 6/06/13 | |
| 11 | Judgment Part: | 1 of 1 | |
| Result: | Operation of caveat extended | ||
| B | |||
| PDF Version |
| Parties: | INDUSTRIAL PROGRESS CORPORATION PTY LTD ROBERT TERENCE WILSON ELIZABETH WILSON REGISTRAR OF TITLES |
Catchwords: | Real property Caveats Application for extension of operation of caveat Whether interest claimed has or may have substance Turns on own facts |
Legislation: | Transfer of Land Act 1893 (WA), s 138C Personal Property Securities Act 2009 (Cth) |
Case References: | Allen's Asphalt Pty Ltd v SPM Group Pty Ltd [2009] QCA 134 Ankar Pty Ltd v National Westminster Finance (Australia) Ltd (1987) 162 CLR 549 Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 Bashford v Bashford [2008] WASC 138 Buckeridge v Mercantile Credits Ltd (1981) 147 CLR 654 ING Bank (Australia) Ltd v Leagrove Pty Ltd [2011] QCA 131; [2012] 1 Qd R 140 Navarac Pty Ltd v Moondancer Holdings Pty Ltd [2009] WASCA 95 Perron Investments Pty Ltd v Tim Davies Landscaping Pty Ltd [2009] WASCA 171 Porter v McDonald [1984] WAR 271 Williams v Frayne (1937) 58 CLR 710 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Plaintiff
AND
ROBERT TERENCE WILSON
ELIZABETH WILSON
First Defendants
REGISTRAR OF TITLES
Second Defendant
Catchwords:
Real property - Caveats - Application for extension of operation of caveat - Whether interest claimed has or may have substance - Turns on own facts
Legislation:
Transfer of Land Act 1893 (WA), s 138C
Personal Property Securities Act 2009 (Cth)
(Page 2)
Result:
Operation of caveat extended
Category: B
Representation:
Counsel:
Plaintiff : Mr M Curwood
First Defendants : Mr D H Solomon
Second Defendant : No appearance
Solicitors:
Plaintiff : Murfett Legal
First Defendants : Solomon Brothers
Second Defendant : No appearance
Case(s) referred to in judgment(s):
Allen's Asphalt Pty Ltd v SPM Group Pty Ltd [2009] QCA 134
Ankar Pty Ltd v National Westminster Finance (Australia) Ltd (1987) 162 CLR 549
Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57
Bashford v Bashford [2008] WASC 138
Buckeridge v Mercantile Credits Ltd (1981) 147 CLR 654
ING Bank (Australia) Ltd v Leagrove Pty Ltd [2011] QCA 131; [2012] 1 Qd R 140
Navarac Pty Ltd v Moondancer Holdings Pty Ltd [2009] WASCA 95
Perron Investments Pty Ltd v Tim Davies Landscaping Pty Ltd [2009] WASCA 171
Porter v McDonald [1984] WAR 271
Williams v Frayne (1937) 58 CLR 710
(Page 3)
- BEECH J:
Introduction
1 The plaintiff applies for an order extending the operation of caveats it lodged over two parcels of land owned by the…
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- Case
- [2013] WASC 225
- Decision Date
CaseChat Overview and Summary
The court examined the evidence presented by both parties, including the terms of the agreement between the company and Mr. Wilson, and the circumstances surrounding the property. The court held that the respondent's interest had substance, as it was reasonable to infer that the respondent had an interest in the property based on the terms of the agreement and the subsequent conduct of the parties. The court found that the respondent's claim was not frivolous or vexatious, and that there was a real possibility that he would succeed in establishing a proprietary interest in the property. Consequently, the court granted the application for an extension of the operation of the caveat.
The Federal Circuit Court of Australia ordered that the operation of the caveat be extended. This decision was based on the court's finding that the respondent's interest had or may have substance, and that it was not frivolous or vexatious. The court's decision to extend the operation of the caveat provided the respondent with the opportunity to further pursue his claim to the property and seek a determination of his rights in the property.
Orders
Orders of the court
Operation of caveat extended
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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