Australian Property Law

 Essay about Australian Property Law

Table of Contents

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Basic principle of Indefeasibility5

Key Procedures (RP Act)5

Deferred versus immediate indefeasibility6

Frazer versus Walker 19676

Breskvar sixth is v Wall (1971)7

What will attract indefeasibility? eight

Leases: on the lookout for

Mercantile Credit Ltd sixth is v Shell Co of Quotes Ltd (1976)9

Karacominakis sixth is v Big Country Developments (2000)11

Mortgages: eleven

Yazgi v Permanent Custodians Ltd (2007)11


Bogdanovic v Koteff (1988)12

Rasmussen v Rasmussen [1995]13

Exclusions to Indefeasibility14

Fraud Exclusion: 15

Loke Yew sixth is v Port Swettenham Rubber Co Ltd [1913]15

Assets Company Ltd versus Mere Roihi [1905]16

Schultz v Corwill Properties (1969)16

Russo versus Bendigo Traditional bank Ltd (1993)17

The In Personam Exception18

Bahr sixth is v Nicolay (No 2) (1988)18

Mercantile Shared Life Insurance Company Ltd versus Gosper (1991)20

Vassos versus State Traditional bank of Southern region Australia (1993)20

Special value cases: twenty one

Personal collateral and break of trust: 22

Personal Equities and Mistake23


The Register, fair interests and caveats26

The Register26

Bursill Enterprises Pty Ltd sixth is v Berger Bros Trading Company Pty Ltd26

White v Betalli [2007] NSWCA 24327

Equitable interests and non listed instruments27

Barry v Heider (1914) 19 CLR 19728

The caveat provisions30

Caveatable interest: 31

Requirements for caveats: thirty-two

Removal of caveat34

Caveats lodges without sensible cause: thirty four

Bedford properties Pty Limited v Surgo35

Kerabee playground Pty Ltd v Daley [1978]36

Eng Mee Yong v Letchumanan [1980]: 36

Goals: 37

Contending Equitable interests38

Abigail versus Lapin [1934] AC 491. 38

Butler v Fairclough (1917)40

Heid v Dependence Finance Corp Pty Limited (1983)40

J & L Just (Holdings) Pty Limited v Traditional bank of NSW (1971)41

Moffett v Dillon (1999)43

Protection for the purchaser just before registration in New South Wales45

Concurrent ownership47

Joint Tenancy47

Tenancy in Common47

Creation of co-ownership: joint tenancy or perhaps tenants in accordance? 48

Creation at law48

Creation in equity48

Malayan Credit Ltd v Jack port Chia-MPH Ltd49

Statutory reform49

Torrens title50

Hircock v Windsor Homes (Development Simply no 3) Pty Ltd50

Privileges and requirements of co-owners50

Rights of occupation50

Job fee51

Biviano v Natoli51

Quantum of the occupation fee52

Ryan v Dries52

Severance of joint tenancy53

Severance by fragmentario act53

By alienation to self; fifty five

By announcement of trust; 55

Severance by agreement55

Severance carrying out a course of dealing56

Severance subsequent homicide56

Severance by courtroom order57

Severance by bankruptcy57

Termination of co-ownership57

Correct of first refusal58




Creation of leases –59

SUBSTANTIVE REQUIREMENTS - Certainty of duration59


SUBSTANTIVE REQUIREMENTS – further exceptions61



Implied every year tenancies by Common Law64

Implied Rents At Common Law65

Different implied periodic Leases66

Tenancies by estoppel67

Concurrent leases68

Reversionary lease68

Leases – Assignment68

Share covenant68

Assignment of the lease – privity of estate71

Moule versus Garrett (1872) Ex. seventy two

Assignment from the reversion73

Lso are Hunter's Rental; Giles v Hutchings 919420 Ch (Chancery Division)73

Ashmore Developments Pty Ltd sixth is v Eaton (1992 - QLD)74

More things to know74

Leases – Remedies76

Forfeiture of lease simply by landlord76

Enforcement of the proper of re-entry76

No right to forfeit in the event that breach waived77

Forfeiture must be effective78

Moore v Ullcoats Mining Co Ltd (1908) Ch78

Alleviation against forfeiture79

Stieper v Deviot (1977) BPR (NSW court of appeals)79

Injury and Subleases83


Remedies for Rents pt284

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