16. Injunction against future caveating

Lendlease Communities (Australia) Ltd v Juric & Anor [2018] VSC 107

 

(8 March 2018)  T Forrest J.

The Registrar was directed to remove a caveat lodged by the first defendant who had no possible interest in or connection with the land, but claimed an interest as “adverse possession by exclusive occupation” – he had lodged the caveat because of a long-standing grudge against the plaintiff and others.  In 2015 a court had ordered that a previous caveat lodged by him over land owned by entities in the Lendlease group, on the same untenable ground as the current caveat, be removed.  The plaintiff also obtained an injunction restraining the defendant for 5 years from lodging any further caveat over the land, over any titles derived from its titles and over any other land of the plaintiff.  The Judge observed that “the impugned caveat was lodged as some type of pre-emptive bargaining strike in his claim for one trillion dollars plus prime city real estate”.

Leave a Reply