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Antonie, Susan v Leith, Carol [2021] VSC 662

PRACTICE AND PROCEDURE, REAL PROPERTY
Supreme Court of Victoria
Division: 
Common Law Division
Judge(s): 
Matthews AsJ
Parties: 

Antonie, Susan v Leith, Carol

Judgment Date: 
15 October 2021
Catchwords: 

PRACTICE AND PROCEDURE - Pleadings - Application to strike out part of amended statement of claim for not disclosing a cause of action - r 23.02 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) - Application granted - Summary judgment - Part of plaintiff's claim summarily dismissed on the Court's own motion - s 63 of the Civil Procedure Act 2010 (Vic) - No real prospect of success.

REAL PROPERTY - Caveats - Application by defendant for removal of a caveat under s 90(3) of the Transfer of Land Act 1958 (Vic) - Finding that there is no prima facie case to be tried - Balance of convenience favours the removal of the caveat.

Citation: