Australia, Nov. 22 -- Supreme Court of Victoria issued text of the following judgement on Nov. 15:
1 This in an application by the plaintiff to remove a caveat pursuant to s 90(3) of the Transfer of Land Act 1958 (Vic) ('TLA'). The caveat sought to be removed is registered on behalf of the first defendant in dealing number AX654586U ('Caveat') over the land previously known as Lot 1, Walker Street, Koo Wee Rup in the State of Victoria and now known as 6 Walker Street, Koo Wee Rup in the State of Victoria described in Certificate of Title Volume 10234 Folio 274 ('Land'). The ground of claim stated in the Caveat is an interest in the freehold estate of the Land under an 'implied, resulting or constructive trust'. The second defendant has been joined to the proceeding for procedural reasons and has indicated that they do not wish to be heard in relation to the application.
2 The plaintiff relies on the following affidavits:
(a) the affidavit of Simon Patrick Nelson sworn on 4 September 2024 ('Nelson Affidavit'); and
(b) the affidavit of David Alan Baker sworn on 5 September 2024 ('Baker Affidavit').
3 Included in the Nelson Affidavit and the Baker Affidavit were various documents supplied by or on behalf of the first defendant purportedly in support of the Caveat, namely:
(a) 'Acceptance of Office - "Special Trustee"' dated 11 January 2024;
(b) 'Certificate of Trust Affirmation' dated 16 November 2023;
(c) 'Notice- of -Conditional -Acceptance' dated 13 August 2024;
(d) 'Notice of Intention' dated 13 August 2024; and
(e) 'www.jesusislord.melbourne', undated.
4 On 21 October 2024, the first defendant filed an affidavit with the Court in relation to the application ('First Defendant's Affidavit').
5 In addition to the matters set out in the First Defendant's Affidavit, the following documents were sent to chambers by the first defendant in purported support of the Caveat:
(a) 'Proclamation of the establishment of Office of the Executor of Paul Spencer Greenman' dated 12 July 2024;
(b) 'Notice of Attendance Notice of Rebuttal of any and all Presumptions of Law - Notice to Principal is Notice to Agent - Notice to Agent is Notice to Principal' dated 21 October 2024;
(c) 'Notice to Principal is Notice to Agent - Notice to Agent is Notice to Principal - Notice to Cease and Desist - Notice of Legal Liability' undated; and
(d) 'Notice of Intervention' dated 24 October 2024.
6 For the reasons that follow, the Court has determined that the first defendant does not have a caveatable interest in the Land and that the Caveat should be removed.
*Rest of the document and Footnotes can be viewed at: (https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC/2024/704.html)
Disclaimer: Curated by HT Syndication.
