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

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s