ARTICLE · 03 JUNE 2010

Caveats – Scope and Unstamped Instruments

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A caveator ought ensure that the instrument founding the caveat is stamped, the caveat does not extend beyond the caveator’s interest in land, and does not restrict the registered proprietor more than necessary to protect the caveator’s interests.

AustraliaTax

Summary

A caveator ought ensure that the instrument founding the caveat is stamped, the caveat does not extend beyond the caveator's interest in land, and does not restrict the registered proprietor more than necessary to protect the caveator's interests.

Facts

In Mathews v Council of the Shire of Gunnedah [2010] NSWSC 142 (5 May 2010), the plaintiff applied to extend two caveats pursuant to s74K Real Property Act 1900 (NSW) ("Act"). The land which was the subject of the caveats formed a part of the Gunnedah Airport, owned by the defendant, Council of the Shire of Gunnedah.

The plaintiff claimed he had a caveatable interest as assignee of an unregistered lease. Neither the lease nor the assignment was stamped.

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