Police & Nurses Credit Society Ltd v Weber

In Police & Nurses Credit Society Ltd v Weber, the Police & Nurses Credit Society, a mortgagee in possession, sought an order for the removal of a caveat lodged by Weber over certain land. The land had been transferred to Weber's son, who was the sole registered proprietor, for the purposes of a mortgage given to the plaintiff. Weber claimed that the transfer was only for the purposes of the mortgage, and that she retained the full estate and interest in the land, evidenced by a written acknowledgment. The plaintiff argued that the caveat should be removed as there was no valid caveatable interest and the arrangement had been disclosed to them.

The court considered whether Weber had a valid caveatable interest and whether the presumption of advancement applied. It was also necessary to determine whether the arrangement had been disclosed to the plaintiff. The court held that the onus was on Weber to demonstrate that there was a serious question to be tried, in the sense that she had, or may have, a valid caveatable interest. The court found that the caveat was not maintainable as Weber had failed to discharge this onus. The court further found that the presumption of advancement applied, and that the arrangement had been disclosed to the plaintiff.

The court ordered that the caveat be removed and that the Registrar of Titles be directed to remove the caveat from the register. The court held that it was not appropriate to grant an order for costs against Weber, given that the caveat had been lodged in good faith.