Mille and Mille

In the matter of *Mille and Mille*, heard before Cronin J, the dispute concerned the wife's caveat lodged against the Certificate of Title to a property at W. The husband sought orders for the withdrawal of this caveat to facilitate the sale of the property.

The primary legal issue before the court was whether the wife should be compelled to withdraw the caveat. Ancillary to this was the question of how to proceed if the wife failed to comply with any order for withdrawal, and the disposition of the proceeds from the property sale.

Cronin J reasoned that the wife's caveat was impeding the sale of the property. The court ordered the wife to execute the withdrawal of the caveat forthwith. To ensure compliance, the court provided for the Registrar to sign the withdrawal in the wife's name if she failed to do so by a specified date, with proof of non-compliance to be established by an affidavit from the husband's solicitor. The court further ordered that upon settlement of the sale, the proceeds were to be placed in an interest-bearing account in the joint names of the parties, managed by the husband's solicitor. Interim applications were dismissed, outstanding applications adjourned for final hearing, and the husband's costs of these proceedings were reserved.