Peyton v Malnis Nominees Pty Ltd

In the Supreme Court of Western Australia, the plaintiffs, Joan Myrice Peyton, Philip Patrick Peyton, and William Francis Riley, sought to extend the operation of a caveat over a portion of land adjoining the Jarrahdale Tavern, which they claimed as part of the business they purchased from Malnis Nominees Pty Ltd. The dispute centered on whether the plaintiffs had a caveatable interest in the land, specifically the encroached area, which was not included in the original sale agreement. The court had to decide if the plaintiffs had a reasonably arguable case for a caveatable interest and whether additional relief sought by the plaintiffs could be granted in the context of the application. The court found that the plaintiffs could establish a caveatable interest in the encroached area based on the negotiations and the nature of the business operation, which included the encroached area. However, the court ruled that the additional relief sought by the plaintiffs, such as the subdivision of land and the transfer of the encroached area, could not be granted in the context of the application under section 138C of the Transfer of Land Act. The court allowed the extension of the caveat and dismissed the application for summary judgment regarding the caveatable interest, but dismissed the additional claims for relief. The court will hear from the parties regarding costs and further orders concerning the commencement of proceedings by the plaintiffs.