An order refusing to remove a caveat under s 90(3) of the Transfer of Land Act 1958 (Vic) is interlocutory in nature and does not give rise to issue estoppel or res judicata, regardless of whether the hearing was characterised as a trial. A party who declines to engage on the adequacy of undertakings offered by the caveator at the hearing cannot subsequently complain that the undertakings were inadequate. Affidavit evidence is not rendered inadmissible merely because it reproduces the content of a proposed pleading.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
1 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.