Withdrawal of a caveat by a purchaser, in circumstances where the purchaser is on notice that the vendor considers the contract terminated and intends to resell the property, may constitute an unequivocal election not to pursue specific performance, or give rise to an estoppel, precluding the purchaser from subsequently lodging a fresh caveat. The balance of convenience in a caveat removal application must be assessed having regard to the strength of the caveator's claim to specific performance, and where that claim is likely defeated by election or estoppel, the balance will favour removal.
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