Suncorp Metway Ltd v Siulangapo Inc

Suncorp Metway Ltd, the mortgagee, sought to remove a caveat lodged by Siulangapo Inc, the respondent, which claimed an equitable interest as the purchaser of a fee simple under a contract of sale. The dispute centred on the removal of the caveat which, if not removed, would prevent the registration of the mortgagee's sale of the property. The case was heard in the Queensland Civil and Administrative Tribunal (QCAT).

The central legal issues were whether the applicant had sufficiently served the respondent by sending the notice of the application to the PO Box address listed on the caveat, and whether the caveat should be removed. The respondent's address was a PO Box, and despite national and international searches, the respondent's current contact details could not be found. The QCAT needed to determine if the service of the application was adequate under these circumstances.

The tribunal concluded that service of the application was validly executed by sending it to the PO Box address listed on the caveat. As the respondent had not responded to the application, the tribunal found that the caveat should be removed. The tribunal further ordered that the respondent pay the applicant's costs of the application, to be calculated on a standard basis.

The orders of the tribunal were that the caveat lodged by the respondent be removed forthwith and that the respondent pay the applicant's costs of the originating application.