Kralfly Pty Ltd v McVeigh, Dean [1995] FCA 814

CATCHWORDS LAND TITLES UNDER THE TORRENS SYSTEM - cross vested jurisdiction - caveats against dealings - withdrawal of caveat by summary motion - purchase money resulting trust as a caveatable interest -burden of proof - onus of caveator. TRUSTS - classification of trusts - purchase money resulting trust - not a mere equity - extent of contribution to purchase price. TRUSTS - claim that property held on trust - use of property to defend proceedings - injunction to restrain. Blackburn v Y V Properties Pty Ltd [1980] VR 290, noted Calverly v Green (1984) 155 CLR 242, considered Carl-Zeiss-Stiftung v Herbert Smith & Co (No 2) [1969] 2 Ch 276, noted Galvasteel Pty Ltd v Monterey Building Pty Ltd (1974) 10 SASR 176, considered George v Biztole Corporation Pty Ltd, Victorian Supreme Court, unreported, 8 March 1995, (No 6940 of 1994), applied In re Caveat No 773; ex parte Hodgson (1873) 3 QSCR 158, considered Napier v Public Trustee (Western Australia) (1980) 32 ALR 153, considered Re Oil Tool Sales Pty Ltd; Classified Pre-Mix Concrete Pty Ltd [1966] QWN 11, considered Re Pile's Caveats [1981] QNR 81 at 83, considered Swanston Mortgage Pty Ltd v Trepace Investments Pty Ltd [1994] 1 VR 672, discussed Queensland Estates Pty Ltd v Ownership Land Development Pty Ltd (No 3) [1971] QdR 260, considered KRALFLY PTY LIMITED v DEAN McVEIGH No VG 703 of 1995 FINN J MELBOURNE 8 SEPTEMBER 1995

IN THE FEDERAL COURT OF AUSTRALIA) ) VICTORIA DISTRICT REGISTRY ) No. VG 703 of 1995 ) GENERAL DIVISION ) BETWEEN: KRALFLY PTY LIMITED Applicant AND: DEAN McVEIGH Respondent COURT: FINN J PLACE: MELBOURNE DATE: 8 SEPTEMBER 1995 MINUTES OF ORDER THE COURT ORDERS THAT: (1) Dean McVeigh remove forthwith the caveat numbered T402205D registered on Certificate of Title Volume 8769 Folio 698. (2) The order made by The Honourable Mr Justice Beach in this proceeding on 31 July 1995 that: "Until further order in this proceeding or in Federal Court Proceeding No. VG 441 of 1994 the Plaintiff by its officers, servants and/or agents be restrained from pledging the land described in Certificate of Title Volume 8769 Folio 698 situated at and known as Lot 5, Queenscliff Road, Moolap, Victoria, as security for any amount in excess of $1 million." be varied by substituting the words "$1.2 million" for "$1 million". Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules