Where partnership funds are allegedly spent improving property owned by one partner, the other partners may have an arguable caveatable interest based on the failed joint endeavour constructive trust principle from Muschinski v Dodds, even where the claim is weak and the interest small. The balance of convenience may favour conditional extension of the caveat rather than unconditional extension or removal, particularly where the registered proprietors are elderly and need to sell the property for care needs. The court may fashion orders requiring the caveator to commence substantive proceedings within a short period and providing for alternative security arrangements.
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