Professional Services of Australia Pty Ltd v Mila Properties Pty Ltd

The plaintiff, Professional Services of Australia Pty Ltd, brought an application against Mila Properties Pty Ltd and the Registrar of Titles for orders amending a caveat lodged over a parcel of land. The plaintiff sought to amend the caveat to claim an interest under a written agreement dated 2001. The primary dispute centred on the interpretation of the written agreement, specifically whether it granted the plaintiff a right to caveat over any land owned by Mila Properties, or only over a specific property. The court found that the written agreement was limited to the property in question and did not confer any rights over other properties, including the Mindarie land. The court held that it did not have the power to amend the caveat to claim a different estate or interest under the Transfer of Land Act 1893. Furthermore, the court found that the plaintiff had not established a serious question to be tried or an arguable case for maintaining the caveat. Consequently, the court dismissed the plaintiff's application and did not grant leave to file a fresh caveat over the Mindarie land.