A statutory declaration lodged in support of a caveat under s 137 of the Transfer of Land Act 1893 (WA) may cure a defect in the specificity of the interest claimed in the caveat itself, contrary to the earlier decision in Giacci Bros Pty Ltd v Tyrrell. However, a caveat specifying only 'equitable interest' without more is defective on its face. The court on a caveat extension application is confined to the interest specified in the caveat and statutory declaration and cannot consider alternative unpleaded bases of claim.
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