Plaintiff v Caveator

1. For the reasons set out above, I am not satisfied that there is a prima facie case for investigation on any grounds of objection articulated in the caveator's grounds or in the evidence he has adduced. I will accordingly order that the caveat filed by the caveator on 9 May 2024 be struck out. I reserve my decision on the issue of the costs of the caveat and of the plaintiff's application.
2. The plaintiff is to provide a proposed minute of order to give effect to this ruling.

[1] Gardiner v Hughes (No 2) [2019] VSCA 198 ('Hughes'); Re Robustelle (No 2) [2023] VSC 72, [14] ('Re Robustelle'); Lehr v Matters [2024] VSC 640, [13] ('Lehr').