PINDAN PTY LTD -v- SUNNY'S REDEVELOPMENT PTY LTD & ANOR [2001] WASC 104
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2001] WASC 104 | |
| Case No: | CIV:1362/2001 | 04 APRIL 2001 | |
| Coram: | MURRAY J | 30/04/01 | |
| 10 | Judgment Part: | 1 of 1 | |
| Result: | Operation of caveat extended pending establishment of secured fund | ||
| PDF Version |
| Parties: | PINDAN PTY LTD (ACN 009 009 072) SUNNY'S REDEVELOPMENT PTY LTD (ACN 079 804 747) THE REGISTRAR OF TITLES |
Catchwords: | Caveat Caveat lodged pursuant to a building contract providing caveatable interest by way of charge granted by the owner to the builder to secure unpaid monies under the contract Compromise agreement made Dispute over money properly payable under compromise and building contract Caveatable interest maintained Whether caveat should be extended pending resolution of dispute Whether balance of convenience favours removal of caveat conditioned upon establishment of fund to secure disputed sum Turns on own facts |
Legislation: | Transfer of Land Act 1893 (WA), s 138C |
Case References: | Custom Credit Corporation Ltd v Ravi Nominees Pty Ltd (1992) 8 WAR 42 Eng Mee Yong v Letchumanan [1980] AC 331 Hampton Gold Mining Areas Ltd v Metals Exploration Ltd (1995) 17 WAR 30 Porter v McDonald [1984] WAR 271 Beca Developments Pty Ltd v Idameneo (No 92) Pty Ltd (1990) 21 NSWLR 459 Bell v Lever Bros Ltd [1932] AC 161 Commercial Bank of Australia Ltd v Schierholter [1981] VR 292 Commonwealth Bank of Australia v Garon Pty Ltd and Ors [1999] WASC 170 Commonwealth Bank v Amadio (1982-1983) 151 CLR 447 Gibson v Co-ordinated Building Services Pty Ltd (1989) 4 BPR 9630 Griffith v Hodge (1979) 2 BPR 9474 Johnstone v Commerce Consolidated Ltd [1976] VR 463 Kizbeau Pty Ltd v WG & B Pty Ltd (1995) 184 CLR 281 Lam v Ausintel Investments Pty Ltd (1989) 97 FLR 458 Marks v GIO Australia Holdings (1998) 196 CLR 494 Martyn v Glennan [1979] 2 NSWLR 234 Re Burman's Caveat [1994] 1 Qd R 123 Rising Developments Pty Ltd v Hoskins (1996) 39 NSWLR 157 Riverlate Properties Pty Ltd v Paul [1975] Ch 133 Taylor v Johnson (1981-1982) 151 CLR 422 Thomas Bates Ltd v Wyndham's Ltd [1981] 1 WLR 505 Venios v Machon (12986) 3 BCL 171 Wright v Bridge Wholesale Acceptance Corporation (Australia) Ltd [1993] 1 VR 502 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Plaintiff
AND
SUNNY'S REDEVELOPMENT PTY LTD (ACN 079 804 747)
First Defendant
THE REGISTRAR OF TITLES
Second Defendant
Catchwords:
Caveat - Caveat lodged pursuant to a building contract providing caveatable interest by way of charge granted by the owner to the builder to secure unpaid monies under the contract - Compromise agreement made - Dispute over money properly payable under compromise…
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- Case
- [2001] WASC 104
- Decision Date
CaseChat Overview and Summary
The court held that the demonstration of a caveatable interest would ordinarily secure the extension of the operation of the caveat unless it appeared to be clear that it could be removed without sacrificing the security provided by the caveat. In this case, the court found that the creation of a special trust account, as proposed by the defendant, would provide adequate security as an alternative to reliance upon the charge under the building contract. Therefore, the court decided to extend the operation of the caveat until the fund was established. Upon presentation of evidence to that effect to the second defendant, the caveat could be discharged in respect of the whole of the land presently covered.
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