Reschke v Trevor Reschke Nominees Pty Ltd

The Full Court of the Supreme Court of South Australia heard an appeal concerning a dispute over a caveat lodged against a parcel of Torrens title land. The appellant, Mr Reschke, sought to maintain a caveat preventing dealings with the land, while the respondent, Trevor Reschke Nominees Pty Ltd, sought its removal. The core of the dispute revolved around the validity of the caveator's claimed interest in the land.

The central legal issue before the Full Court was whether the appellant had established a *prima facie* case of a caveatable interest in the land, sufficient to justify the extension of the caveat. This required the Court to consider the nature of the interest claimed by the appellant and whether it constituted a proprietary interest recognised under the relevant provisions of the *Real Property Act 1886* (SA). The Court also had to determine the appropriate test to be applied when considering an application for the removal of a caveat.

The Full Court applied the principles established in *Re P M Investments Pty Ltd* and *Chan v Cresdon Pty Ltd*, which require a caveator to demonstrate a *prima facie* case of a caveatable interest. The Court found that the appellant had failed to establish such an interest, as the alleged agreement did not create a proprietary right but rather a personal obligation. Consequently, the Court held that the caveat should not have been extended and that the respondent was entitled to its removal.