ANZ v Deqmo [2015] QSC 128

Caveats lodged by cane farmers were ordered to be removed by the court and further caveats were then lodged by a purported lessee. The lender sought their removal and an order against the Registrar of Titles to preclude any other caveats being lodged.

The court noted that the interest of equitable lessee/mortgagee does not trump that of a registered mortgagee and the fact that the purchaser was in possession of the farms showed the weakness of the claim. The court ordered removal of the caveats and also ordered the Registrar to remove any caveat that would impede the sale of the farms.

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