SPUNTER PTY LTD -v- HALL & ANOR [2006] WASC 6
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2006] WASC 6 | |
| Case No: | CIV:1142/2005 | 19 DECEMBER 2005 | |
| Coram: | JENKINS J | 20/01/06 | |
| 11 | Judgment Part: | 1 of 1 | |
| Result: | Caveats extended on conditions | ||
| B | |||
| PDF Version |
| Parties: | SPUNTER PTY LTD NANCY CLOONAN HALL THE REGISTRAR OF TITLES |
Catchwords: | Conveyancing Caveats Extension of caveats Form of equitable charge Balance of convenience |
Legislation: | Transfer of Land Act, s 138B, s 138C |
Case References: | ALH Australia v McGlinn (1996) 7 BPR 15,179 Avco Financial Services Ltd v White [1977] VR 561 Bridge Wholesale Acceptance Corp (Aust) Ltd v Burnard (1992) 27 NSWLR 415 Composite Buyers Ltd v Soong (1995) 38 NSWLR 286 Corozo Pty Ltd v Total Australia Ltd [1987] 2 Qd R 11 Custom Credit Corp Ltd v Ravi Nominees Pty Ltd (1992) 8 WAR 42 J & H Just (Holdings) Pty Ltd v Bank of New South Wales (1971) 125 CLR 546 Re Charge Card Services Ltd [1987] Ch 150 Wilson v Graham (1997) 10 BPR 19,051 Australian Security Estates Pty Ltd v Bluecrest Holdings Pty Ltd (1999) 9 BPR 17,533 Bonini & Anor v Western Australian Real Estate Custodian Ltd & Anor [2001] WASC 258 Cradock v Scottish Provident Institution (1893) 69 LT 380 First Industry Corp v Goh & Anor [2003] WASC 216 Jandric v Jandric (1999) ANZ ConvR 614 Midland Brick Company Pty Ltd v Welsh & Anor [2002] WASC 248 Montagu v Earl of Sandwich (1886) 32 Ch D |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Plaintiff
AND
NANCY CLOONAN HALL
First Defendant
THE REGISTRAR OF TITLES
Second Defendant
Catchwords:
Conveyancing - Caveats - Extension of caveats - Form of equitable charge - Balance of convenience
Legislation:
Transfer of Land Act, s 138B, s 138C
Result:
Caveats extended on conditions
(Page 2)
Category: B
Representation:
Counsel:
Plaintiff : Mr S P O'Brien
First Defendant : Mr N N Chin
Second Defendant : No appearance
Solicitors:
Plaintiff : David Taylor
First Defendant : Nicholas N Chin
Second Defendant : No appearance
Case(s) referred to in judgment(s):
ALH Australia v McGlinn (1996) 7 BPR 15,179
Avco Financial Services Ltd v White [1977] VR 561
Bridge Wholesale Acceptance Corp (Aust) Ltd v Burnard (1992) 27 NSWLR 415
Composite Buyers Ltd v Soong (1995) 38 NSWLR 286
Corozo Pty Ltd v Total Australia Ltd [1987] 2 Qd R 11
Custom Credit Corp Ltd v Ravi Nominees Pty Ltd (1992) 8 WAR 42
J & H Just (Holdings) Pty Ltd v Bank of New South Wales (1971) 125 CLR 546
Re Charge Card Services Ltd [1987] Ch 150
Wilson v Graham (1997) 10 BPR 19,051
Case(s) also cited:
Australian Security Estates Pty…
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- AGLC
- Spunter Pty Ltd v Hall [2006] WASC 6
- Case
- [2006] WASC 6
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CaseChat Overview and Summary
Spunter Pty Ltd brought this proceeding against Nancy Cloonan Hall and the Registrar of Titles. The plaintiff sought an order extending two caveats over parcels of land at Hazelmere and Mount Lawley. The first defendant opposed the application. The second defendant did not appear or file any submissions. The plaintiff relied on two deeds dated 5 October 2000 and 4 November 2000 executed by the plaintiff, the first defendant and two directors of the plaintiff. The deeds were for a loan made by the plaintiff to the first defendant. The first defendant guaranteed repayment of the loan. The deeds contained a provision that the plaintiff would have "first call" on the first defendant's "estate". The plaintiff claimed this created an equitable charge over the first defendant's land. The first defendant argued that the provision did not create an equitable charge but was a clause that would only have effect if a charge were created by some other means. The court found that there was a serious question to be tried as to whether an equitable charge had been created by the deeds. The court also found that the balance of convenience favoured extending the caveats on the condition that the plaintiff commenced and prosecuted proceedings to determine whether an equitable charge had been created by the deeds.
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