Cousins Securities P/L & Ors v CEC Group Ltd & Anor; CEC Group Ltd v Cousins Securities P/L & Ors

[2007] QCA 192

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Conveyancing
2. › Land titles under the Torrens system
3. › Caveats
4. › Lapse of caveat
5. › Starting proceedings to establish interest claimed
6. › Whether amendment to statement of claim within three months constitutes starting a proceeding
7. › Whether relief must be stated in claim rather than statement of claim
8. › Land Title Act 1994 (Qld), s 126(4), s 126(5)
1. Conveyancing
2. › Land titles under the Torrens system
3. › Caveats
4. › Removal of caveat
5. › Serious question to be tried
6. › Equitable interest under contract for benefit of third party
7. › Property Law Act 1974 (Qld), s 55
1. Conveyancing
2. › Land titles under the Torrens system
3. › Caveats
4. › Scope of caveat
5. › Whether caveat over whole lot too wide where interest claimed in part only
6. › Land Title Act 1994 (Qld), s 127
1. Practice and Procedure
2. › Pleadings
3. › Claim and statement of claim
4. › Whether relief sought must be stated in claim itself or may be stated in attached statement of claim
5. › Uniform Civil Procedure Rules 1999 (Qld), rr 9, 22, 149

Quick Take

For the purposes of s 126(4) of the Land Title Act 1994 (Qld), a proceeding to establish a caveatable interest may be started by amendment to existing proceedings, not only by filing fresh proceedings. It is sufficient if the relief sought is stated in the statement of claim attached to the claim, and it is not necessary that the claim itself state the relief. However, r 387(3) UCPR does not give retrospective effect to amendments for the purposes of the three-month period under s 126(4). A caveat over a whole lot is not too wide where the interest claimed is in a portion not yet subdivided, following Re Henderson's Caveat.