Section 129 of the Land Title Act 1994 (Qld) confers a broad discretion to grant leave to lodge further caveats. Where the caveator's interest is clearly established and could be defeated without caveat protection, leave should be granted notwithstanding delay or absence of a reasonable explanation for the lapse, unless the grant would cause prejudice to the caveatee. The relevant prejudice is that suffered during the period between lapse and the application, not the inherent restraint on dealing contemplated by the Act. A general equitable charge over 'all property' in a facility deed applies to property owned at the time the offer to charge is accepted, not at the time the deed is executed.
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