Dealing lodged satisfies a caveat

A caveat will not be removed on registration of a WAL dealing that satisfies the claim in the caveat.

Where the interest claimed by the caveator will vest in the caveator upon registration of a WAL dealing, send a 14 Day Notice 0f Intended Registration form 10-0180 indicating that the WAL dealing will be registered and the caveat will remain on the WAL folio unless a Withdrawal Of Caveat form W-08WX is lodged. If no response is received by the due date, register the WAL dealing and marginally note the WAL dealing as to the action taken. A copy of the 14 Day Notice of Intended Registration must be filmed with the WAL dealing.

Where doubt exists as to whether the caveator's claim has been fully satisfied, notice will be served on the caveator in the usual manner. For example, a caveat claiming pursuant to:

  • an equitable mortgage dated 1.1.1989 cannot be taken to be the same as an undated mortgage in favour of the caveator as there is no certainty that the mortgages are one and the same and
  • a dated loan agreement cannot be taken to be the same as a similarly dated mortgage. They will be treated as different interests unless notified otherwise.