Prior v Lakic

In the case of Prior v Lakic, the dispute centred on the ownership and disposition of real property. The respondent, Prior, sought to have a caveat lodged against the transfer of land to the appellant, Lakic. The case was heard in the Supreme Court of Victoria. The primary issue was whether the transfer of the land was made with the intent to delay, hinder, or defraud creditors, and whether the Registrar of Titles should be directed to amend the Land Titles register. Another legal issue was whether the caveat was validly lodged and whether the balance of convenience favoured its removal.

The court examined whether there was an arguable case against the respondents and whether there was a danger that the prospective judgment would be wholly or partly unsatisfied due to the dissipation of assets. The court found that there was a real and unacceptable risk that the judgment would not be wholly satisfied if the land were transferred without the caveat. The court considered the provisions of the Property Law Act 1958 and the Transfer of Land Act 1958, as well as the Supreme Court (General Civil Procedure) Rules 2015, particularly Order 37A, which deals with the restraint on dealing with real property. The court concluded that the balance of convenience favoured the removal of the caveat.

As a result, the court ordered the removal of the caveat from the Land Titles register. The court also noted that the appellant had previously failed to pay legal costs in separate proceedings, and had given an undertaking to the court not to dispose of, deal with, encumber or diminish the value of the interest in the real property. The court found that the transfer of the land was executed with the intent to delay, hinder, or defraud creditors, and directed the Registrar of Titles to amend the Land Titles register accordingly. The court also ordered the appellant to pay the respondent's costs of the proceeding.