Nexus Mortgage Securities v Starmaker (No 51) Pty Ltd No. Scgrg-97-364 Judgment No. 6347 Number of Pages 10 Conveyancing

The Full Court of the Supreme Court of South Australia was called upon to determine the validity of an appeal by Nexus Mortgage Securities Pty Ltd against the decision of a judge who refused to extend the time for the removal of a caveat over a parcel of land. The caveat had been lodged by Nexus and contested by Starmaker (No 51) Pty Ltd. The primary issues were whether there was a serious question to be tried concerning the existence of Nexus' interest in the land, whether the balance of convenience favoured the extension of the time for the removal of the caveat, and whether the trial judge erred in his approach to these issues. The court held that there was indeed a serious question to be tried regarding Nexus' interest in the land, as evidenced by the written agreement between Nexus and Mawson. The court also found that the balance of convenience did indeed favour the extension of time for the removal of the caveat, and that the trial judge erred in his approach. The appeal was allowed, and the time for removal of the caveat was extended until further order.