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Antonie, Susan v Leith, Carol  VSC 662
PRACTICE AND PROCEDURE, REAL PROPERTY
Supreme Court of Victoria
Common Law Division
Antonie, Susan v Leith, Carol
15 October 2021
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.