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Sokolovska, Vera v Galea, Paul & Registrar of Titles [2021] VSC 435

Supreme Court of Victoria
Practice Court
Croucher J

Sokolovska, Vera v Galea, Paul & Registrar of Titles

Judgment Date: 
23 July 2021

REAL PROPERTY - Caveat - Application by plaintiff for order directing Registrar to remove caveat lodged by first defendant on title to land owned by plaintiff - First defendant asserted equitable interest in property - No appearance by first defendant and his now former solicitor who lodged caveat forwarded plaintiff's originating motion and supporting documents - Court satisfied that first defendant taken to be served - Evidence all one way - No prima facie case giving rise to serious question to be tried that first defendant has caveatable interest in land - Balance of convenience requires order sought by plaintiff - No caveatable interest - Application granted - Transfer of Land Act 1958 (Vic), ss 89(4), 90(3) & 113; Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 6.02(1).