Permanent Mortgages Pty Limited v Fadale Pty Limited

The matter before the court was an application by Permanent Mortgages Pty Limited, the plaintiff, against Fadale Pty Limited, the defendant, in a proceeding concerning the possession of a property. Fadale Pty Limited had lodged a caveat over the property, which the plaintiff sought to have removed under the Real Property Act 1900. Fadale Pty Limited also sought to join an additional party to the proceeding. The court was required to determine whether the additional party should be joined and whether the caveat should be withdrawn.

The court considered the provisions of the Real Property Act 1900 and the circumstances of the case to decide on the joinder of the additional party. It was established that the additional party had a significant interest in the property, and their absence could result in a substantial miscarriage of justice. The court found that justice required the additional party to be joined to the proceeding. Regarding the caveat, the plaintiff demonstrated that the caveat was invalid as it was not supported by a proceeding in which the caveator was a party. The court concluded that the caveat should be withdrawn.

The court ordered that the additional party be joined to the proceeding. It also directed that Fadale Pty Limited withdraw the caveat over the property. The plaintiff was granted possession of the property, subject to any rights of the additional party that may be established in the proceeding.