Plaintiff as caveator must establish a serious issue to be tried as to the interest claimed and the balance of convenience must favour maintenance of the caveat
› An interest under a claimed constructive trust is caveatable
› Despite some improbability and implausibility in the plaintiff’s account likelihood of success not so low as to deny trial of the substantive issue
› Balance of convenience favours maintenance of status quo
› Application for removal of caveat dismissed.
Land Title Act 2000 (NT) s 138, s 143, s 145, s 146, s 197
Case Details
Citation[2019] NTSC 78
CourtNTSC
JurisdictionNorthern Territory
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