Section 138C of the Transfer of Land Act 1893 (WA) does not empower the court to amend a caveat to claim a different estate or interest from that originally claimed; the statutory power is conditioned on the caveator's existing claim having or potentially having substance. A caveator whose original interest has been extinguished cannot use s 138C to substitute a new interest. The court should refuse leave to lodge a fresh caveat under s 138D where the caveator cannot demonstrate a serious question to be tried that it has a caveatable interest in the relevant land.
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