Facts Alan Frazer and Flora Frazer were joint owners of a New Zealand dairy farm under the Land Transfer Act 1952 (NZ) (the Act). Mrs Frazer borrowed ₤3,000 from the Radomskis, using the dairy farm as security for this loan without her husband’s […]
Category: Property Law
Cassegrain v Gerard Cassegrain Pty Ltd (2015) 316 ALR 111
Please be aware that this case turns on the provisions of the NSW Real Property Act. Students in other jurisdictions should be cautious using this case in their coursework. Facts Cassegrain Pty Ltd owned a dairy farm property in NSW […]
Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 236 ALR 209
Facts Say-Dee was owned by Sadie and Dalida, who had no real estate experience. Farah was owned by Mr Elias who did have experience. They entered into a joint venture to develop a house at Number 11, Burwood. By the […]
King v Smail [1958] VR 273
Facts Husband transfers property to his wife before entering into a deed with creditors Smail as trustee in bankruptcy acquires an equitable interest to the property Wife registers Does the wife’s title give her indefeasibility against the trustee? Held No […]
J A Pye (Oxford) Ltd v Graham [2003] A C 419
Facts Graham and Pye live next door to each other. Pye owns a significant amount of land because as early as 1977 he recognised it’s development potential Pye allows Graham to use the land for grazing cattle. Graham does upkeep […]
Baumgartner v Baumgartner (1987) 164 CLR 137
Facts Frances and Leo Baumgartner pooled wages to buy a property in Campbelltown, NSW. The property was only registered in the husband’s name. Leo had contributed $50,981 to the property while Frances had contributed $38,206.64. When the couple separated, Mrs […]
Corin v Patton (1990) 169 CR 540
Facts Ms Patton owned a residential property as joint tenant (2 people own the same property together, but they both own all of it. Each had the right to survivorship. Contrast with tenancy in common where they own a share) […]
Heid v Reliance Finance (1983) 154 CLR 326
Facts Heid sold land to an investment company for $165,000 $50,000 was secured by a mortgage back to Heid He did not register this mortgage The title and documents were given to the purchaser The purchaser executed a mortgage to […]
Pilcher v Rawlins (1872) 7 Ch App 259
Facts Pilcher is a trustee He is approached by Rawlins, who wants to borrow money Pilcher agrees, and executes a common law mortgage (transaction thus far has been OK) Pilcher and Rawlins then decide to defraud people, and they borrow […]
Jared v Clements [1902] 2 Ch D 399
Facts Clement finds out that the property he’s trying to buy has an equitable mortgage from Jared Totally unbeknownst to Jared, and outside his duties as a solicitor, Parr (Jared and Clements’ solicitor) fraudulently creates a document stating that the […]