An equitable interest in land is capable of supporting a caveat under s 89(1) of the Transfer of Land Act 1958 (Vic) even where that interest will not compel the registered proprietor to deliver a registrable instrument. The narrow view in Classic Heights is not followed. A unit-holder in a unit trust may, depending on the terms of the trust deed, possess an interest sufficient to support a caveat. The potential for abuse by minor unit-holders is addressed through the discretion under s 90(3), not by narrowing the scope of caveatable interests.
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