Rowe v The Roman Catholic Archbishop of Perth

[2021] WASCA 93

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Interim orders
3. › Interlocutory injunction pending appeal
4. › Application for stay or injunction where caveat has lapsed
5. › Whether appeal would be rendered nugatory
6. › Whether balance of convenience favoured grant of injunction
7. › Transfer of Land Act 1893 (WA), ss 138A-138D
1. Real Property
2. › Caveats
3. › Extension of caveat under Transfer of Land Act 1893 (WA)
4. › Caveat lapsed pending appeal
5. › Power of Court of Appeal to grant injunctive relief in lieu of caveat extension
6. › Transfer of Land Act 1893 (WA), s 138C(2)(a)(iii)

Quick Take

Where a caveat has lapsed during an appeal from a decision refusing to extend it, the Court of Appeal retains power to grant an interlocutory injunction restraining dealings with the land pending the appeal, exercisable under s 138C(2)(a)(iii) of the Transfer of Land Act 1893 (WA) read with s 59(4) of the Supreme Court Act 1935 (WA). The lapsing of the caveat does not render the appeal or an application for interlocutory relief nugatory.