Mitty and Mitty and Ors

In the matter of *Mitty and Mitty and Ors*, Justice Fowler of the Court was required to determine urgent interlocutory orders concerning the T property. The dispute involved Mr Mitty, referred to as the "Husband," and H Capital Pty Limited, a company in which the Husband is the sole director and shareholder. The core of the disagreement related to caveats lodged on the T property, which was registered to R Pty Limited.

The legal issues before the Court were whether the Husband, both in his personal capacity and as the directing mind of H Capital, should be compelled to withdraw existing caveats lodged against the T property. Furthermore, the Court needed to consider whether an injunction should be granted to restrain the Husband and H Capital from lodging any further caveats or encumbrances on the T property and from interfering with its sale.

Justice Fowler ordered that the Husband, in his personal capacity and as the sole director and shareholder of H Capital, must take all necessary steps to withdraw the caveats lodged on the T property by himself and by H Capital. Additionally, the Husband, in both capacities, was restrained by injunction from taking any action that would result in the registration of a caveat or other encumbrance on the T property, or that would interfere with the sale of the property.