Larcombe v Mackereth

This matter concerned a dispute between the applicant, Mr. Larcombe, and the respondent, Mr. Mackereth, concerning the ownership of a property located at 145 Old Cleveland Road, Capalaba. The applicant sought to have a caveat lodged by the respondent removed from the title of the property. The case was heard in the Supreme Court of Queensland.

The central legal issue before the Court was whether the respondent had a sufficient caveatable interest in the property to justify the continued existence of the caveat. Specifically, the Court had to determine if the respondent had established a *prima facie* case that he held an equitable interest in the property, arising from an alleged agreement for sale or a resulting or constructive trust.

Justice Jarrett found that the respondent had not established a *prima facie* case for an equitable interest. The Court considered the evidence presented by both parties regarding the alleged agreement for sale and the circumstances surrounding the transfer of the property. It was held that the respondent failed to demonstrate the necessary elements for either an express or implied trust, nor did he establish a binding agreement for sale that would give rise to an equitable interest. The Court concluded that the respondent's claim was speculative and lacked sufficient evidentiary support to warrant the continued encumbrance of the property by the caveat.

Consequently, the Court ordered that the caveat lodged by the respondent be removed from the title of the property at 145 Old Cleveland Road, Capalaba.