The second to sixth defendants are the registered owners of land, which was part of a multi-staged development at Park Ridge, in Queensland. They applied for an order under s 127 of the Land Title Act 1994 (Qld) for the removal of six caveats lodged by the plaintiff in which the plaintiff claimed an equitable interest as mortgagee or chargee under a written loan agreement.
The issues for determination were whether the plaintiff had shown a serious question to be tried, and whether the balance of convenience favoured the removal of the caveats. The Court was not satisfied that the plaintiff had demonstrated a serious question to be tried; it was, therefore, unnecessary for the Court to deal with balance of convenience issue.
This case raised questions including agency, the implication of terms of a written commercial agreement, and proprietary interests in land.
Anthony Messina appeared for the plaintiff/respondent, instructed by Auslaw Partners.
The judgment is published here.