TL Rentals P/L (ACN 071 702 264) v Youth on Call P/L (ACN 138 700 713) as trustee for the Millar-Shannon Family Trust (ABN 24 295 026 988); Millar-Shannon, Katherine Anne; Registrar of Titles and Permanent Custodians Ltd (ACN 001 426 384) [2018] VSC 105

REAL PROPERTY
Judgment type: 
Supreme Court of Victoria
Judge(s): 
510, Derham AsJ
Parties: 

TL Rentals P/L (ACN 071 702 264) v Youth on Call P/L (ACN 138 700 713) as trustee for the Millar-Shannon Family Trust (ABN 24 295 026 988); Millar-Shannon, Katherine Anne; Registrar of Titles and Permanent Custodians Ltd (ACN 001 426 384)

Judgment Date: 
8 March 2018
Catchwords: 

REAL PROPERTY - Plaintiff claims equitable mortgage of second defendant's interest in certain land - Second defendant and another registered as tenants in common in equal shares in the land - Plaintiff lodges caveat pursuant to s89 of the Transfer of Land Act 1958 (Vic) ('TLA') - Joint proprietors agree to mortgage the land to the fourth defendant to secure a loan - Fourth defendant fails to search the Land Registry immediately prior to making loan and taking mortgage - Fourth defendant's mortgage lodged for registration together with discharge of existing registered mortgage - Notice given to plaintiff as caveator pursuant to s90(1) of the TLA of the lodgement of the fourth defendant's dealing - Plaintiff commences proceeding within time for a declaration that the plaintiff has an equitable mortgage and requiring the second defendant to execute a mortgage of land in registrable form - Plaintiff also seeks order pursuant to s90(2) of the TLA delaying registration of fourth defendant's dealing - Caveat defective - Plaintiff applies for interlocutory injunction restraining registration of fourth defendant's dealing until trial of plaintiff's claims - Whether appropriate to restrain registration of fourth defendant's mortgage until trial - Interlocutory injunction granted until trial.

Citation: 
[2018] VSC 105