Zhong v Wu

Xing Zhong sought an order against Xiaoqing Wu, Eryun Cao and Nikul Pansila that caveats lodged by the respondents be removed upon the registration of transfer by him to a mortgagee's purchaser pursuant to power of sale. Mr Zhong also sought orders that the respondents be permanently restrained from lodging, attempting to lodge, or instructing any other person or entity to lodge any caveats against the titles to the properties. The applications were opposed by the respondents. The court had to decide whether the respondents had a caveatable interest sufficient to support the caveat lodged against the property. The respondents each had an interest in the land subject to the caveat which would support the maintenance of their caveats over the property at present. The applications to remove the caveat in each case were dismissed. The caveators were entitled to costs on a 2B basis for the notices of opposition and affidavits in opposition in each case, but only one set of submissions is allowed. They are also to have disbursements as fixed by the Registrar.