Event and Time
Event Description
- The Royal Melbourne Institute of Technology (RMIT) is the registered proprietor of Lot 2A, 235-251 Bourke Street, Melbourne.
- Mr. Galloway lodged a caveat on RMIT's title to the land on 18 August 2020, claiming a freehold estate based on an agreement dated 3 August 2020.
- RMIT applies to the Supreme Court of Victoria to remove the caveat under s 90(3) of the Transfer of Land Act 1958 (Vic), and seeks an order to restrain Mr. Galloway from lodging further caveats.
Application and Claims
- RMIT requests the removal of the caveat, asserting that Galloway has no legal or equitable claim to the land.
- Galloway, who claims to be owed money from Schiavello Construction, is alleged to be using the caveat as leverage in his dispute with Schiavello.
Judicial Decisions
- On 8 September 2020, the court determined to remove the caveat and granted an injunction against Mr. Galloway from lodging further caveats.
- RMIT was ordered indemnity costs incurred due to Galloway's actions.
Dispute Points and Legal Basis
Dispute Points
- RMIT's Position:
- RMIT claims that Galloway's caveat is without merit as he has no connection to the property or legal basis on which to lodge a caveat. - RMIT argues that the continuation of the caveat jeopardizes its financial position by complicating the sale of the property. - RMIT cites the lack of any agreement with Galloway that would confer any interest in the land.
- Galloway's Position:
- Galloway argues that the caveat is justified as he has a claim against Schiavello for payment related to construction work performed pertinent to RMIT's property. - He believes that RMIT has a duty to intervene in his financial dispute with Schiavello and must assist him.