A caveat claiming an 'estate in fee simple' when the caveator's interest is an equitable interest as purchaser under an uncompleted contract for sale is defective and cannot be extended under s 138C of the Transfer of Land Act 1893 (WA). The court has no power under s 138C to amend a caveat to change the estate or interest claimed. However, injunctive relief may be granted as an alternative, subject to conditions including an undertaking as to damages and prompt commencement of substantive proceedings. An 'Approval Advice' from a bank confirming approval of a credit facility constitutes 'Finance Approval' under a standard REIWA contract finance condition, even where a formal letter of offer is yet to issue, because the contract definition deems an approval subject to the lender's usual terms and conditions to be a Finance Approval.
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