1A caveat claiming merely 'an equitable interest' is defective in form because it fails to specify the nature and extent of the interest claimed, and such a caveat ought not to be extended unless amended to cure the defect.
2Fraud sufficient to defeat the indefeasibility of a registered proprietor's title under s 68 of the Transfer of Land Act 1893 (WA) must be brought home to that proprietor or its agents. Fraud by predecessors in title does not suffice without knowledge, or wilful abstention from inquiry. Mere procedural irregularities in earlier judgment enforcement, such as omission of an ACN, are not shown to constitute fraud.
3On the facts, bald assertions in an affidavit that were partly contradicted by the caveator's own annexures did not establish a serious question to be tried as to a caveatable interest. Reliance on a non-existent authority, and correspondence that did not raise the fraud now alleged, did not assist the caveator.
