Pindan Pty Ltd v Sunny's Redevelopment Pty Ltd & Anor

[2001] WASC 104

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Land Law
2. › Torrens system
3. › Caveats
4. › Extension of operation of caveat
5. › Whether caveator's claim has or may have substance
6. › Balance of convenience
7. › Alternative security arrangements
8. › Transfer of Land Act 1893 (WA), s 138C
1. Land Law
2. › Torrens system
3. › Caveats
4. › Caveatable interest
5. › Charge over land under building contract
6. › Whether charge subsists where dispute over amount payable
7. › Transfer of Land Act 1893 (WA), s 137
1. Contract
2. › Compromise agreements
3. › Mistake
4. › Whether compromise agreement void or voidable for unilateral mistake
5. › Whether knowledge of other party's mistake relevant
1. Equity
2. › Rectification
3. › Compromise agreements
4. › Unilateral mistake
5. › Whether rectification available where one party aware of other's mistake

Quick Take

Under s 138C(2) of the Transfer of Land Act 1893 (WA), the demonstration of an arguable caveatable interest will ordinarily secure extension of the caveat's operation, but the court retains discretion to order conditional extension where alternative security arrangements adequately protect the caveator's interest. The court may order the caveat to be extended only until an alternative secured fund is established.