Barnes v Eveleens & Anor [2002] QSC 452

State Reporting Bureau LI V ^ocxTJ 4-S^ Queensland Government Department of Justice and Attorney-General Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J REVISED COPIES ISSUED State Reporting Bureau Date iXl HU ZQS'2- Respondent/Plaintiff Applicants/Defendants CAIRNS ..DATE 06/12/2002 JUDGMENT Application No 429 of 2002 SUSAN MARY BARNES and PIETER EVELEENS and MARTINA EVELEENS WARNING : The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal offence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for their protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those categories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings. 1 4th Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 3 -- HIS HONOUR: This is an application for the removal of a caveat lodged by the respondent, Susan Marie Barnes against land owned by Martinas Eveleens who died on 12 May 2002. The application is brought by the administrators of his estate. 1( The interest claimed to support the caveat is that the caveator had a right to the claim pursuant to part 19 of the Property Law Act. Those proceedings continue but the opportunity to sell the property at what seems to be an appropriate price with the net proceeds of sale then being held in the trust account of the administrator's solicitor would facilitate the disposition of the application which the . respondent has already instituted. The respondent has not consented to the lifting of the caveat 3C but there is no argument raised against that course being followed. The respondent is represented by solicitors who have been retained to pursue her interests in her application under the Property Law Act. 40 In all the circumstances it seems appropriate that the caveat be removed. I am satisfied that the respondent's interest essentially relates to the proceeds rather than in the land itself . 50 That being so, the sale should be permitted to proceed and accordingly I will make orders in terms of the amended draft initialled by me and placed with the papers. The amendment to the draft is by deleting in paragraph 3 the first four words 06122002 T3/RGC M/T CNS1/2002 (Jones J) 2 JUDGMENT 60 -- 2 of 3 -- 06122002 T3/RGC M/T CNS1/2002 (Jones J) and then the word "applicants" and then deleting also the last seven words. The paragraph will then read "The costs of and incidental to this application will be reserved." 3 JUDGMENT -- 3 of 3 --