The two broad issues on an application to extend a caveat under s 138C of the Transfer of Land Act 1893 (WA) are whether the caveator's claim has or may have substance, and whether the balance of convenience favours extension. The absence of an undertaking as to damages is an important factor on the balance of convenience and may be a fundamental obstacle to relief. An undertaking of no economic substance places a defendant in a position little different from being without an undertaking at all.
The full text is available to signed-in members, including the 42 later cases that cite this judgment.
4 of the 42 citing cases carry a classified treatment. How each court treated it is available to signed-in members.