Mimi v Millennium Developments Pty Ltd

The matter of Mimi v Millennium Developments Pty Ltd involved a dispute between the plaintiff, Mimi, and the defendant, Millennium Developments, regarding the priority of interests in a parcel of land. The plaintiff sought to enforce a prior equitable interest against the defendant, who had purchased the land from a third party without being aware of the plaintiff's interest. The case was heard in the Federal Court of Australia. The plaintiff argued that the defendant's failure to lodge a caveat upon purchase resulted in the postponement of their interest, while the defendant contended that the plaintiff's interest was not discoverable and thus not subject to the failure to caveat doctrine.

The primary legal issue before the court was whether the defendant's failure to caveat after purchasing the land resulted in the postponement of the plaintiff's prior equitable interest. The court was also required to determine whether an interlocutory injunction should be granted to the plaintiff, preventing the defendant from proceeding with the sale of the land. The court considered the principles of equity, the Transfer of Land Act, and the balance of convenience test in determining these issues.

The court found that the plaintiff's interest was not discoverable, and therefore the failure to caveat doctrine did not apply. However, the court granted an interlocutory injunction to the plaintiff, as the balance of convenience favoured preventing the defendant from proceeding with the sale of the land. The court held that the plaintiff had demonstrated a strong likelihood of success on the merits of their claim, and that the prejudice to the plaintiff if the injunction was not granted outweighed any potential prejudice to the defendant.

The court ordered that an interlocutory injunction be granted to the plaintiff, preventing the defendant from proceeding with the sale of the land until the matter was finally determined. The court also ordered that the defendant pay the plaintiff's costs of the application.