The Court ordered removal of caveats lodged over a mortgaged commercial property by a bankrupt former director and his partner, holding that neither caveator demonstrated a sufficient likelihood of establishing an equitable interest in the land (as distinct from unsecured claims against the registered proprietor company) that could take priority over the registered first mortgagee's interest. The Court left unresolved whether a bankrupt caveator has standing to oppose a caveat removal application, noting the issue is not straightforward but that the bankruptcy affected the merits rather than the right to be heard, and permitted the bankrupt to address the Court as a matter of practicality. The Court also granted injunctions restraining both caveators from lodging further caveats pending registration of the transfer, finding a real risk of further obstructive caveats.
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