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Category: Property Law

Contract Law Property Law

Price v Spoor [2021] HCA 20

January 26, 2022 Travis

Facts Law Partners Mortgages Pty Ltd (LPM) loaned $320,000 to Price in 1998, and secured the loans by mortgages over land. Spoor, successors in title to LPM, brought proceedings as mortgagees and claimed monies owing under two secured mortgages. Additionally, […]

Continue reading ➞ Price v Spoor [2021] HCA 20
Property Law

Deguisa & Anor v Lynn & Ors [2020] HCA 39

January 23, 2021January 23, 2021 Travis

Facts The Appellants were the registered proprietors of land situated at 538 Henley Beach Road, Fulham (“Lot 3“). The Appellants obtained planning approval to subdivide Lot 3 and build two townhouses. Lot 3 and 51 other allotments were part of […]

Continue reading ➞ Deguisa & Anor v Lynn & Ors [2020] HCA 39
Property Law

Frazer v Walker (1967) 1 AC 569

February 3, 2019February 3, 2019 Travis

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 […]

Continue reading ➞ Frazer v Walker (1967) 1 AC 569
Property Law

Cassegrain v Gerard Cassegrain Pty Ltd (2015) 316 ALR 111

August 7, 2018February 13, 2020 casesummaries

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 […]

Continue reading ➞ Cassegrain v Gerard Cassegrain Pty Ltd (2015) 316 ALR 111
Equity & Trusts Property Law

Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 236 ALR 209

March 13, 2018February 5, 2019 casesummaries

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 […]

Continue reading ➞ Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 236 ALR 209
Property Law

King v Smail [1958] VR 273

March 13, 2018 casesummaries

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 […]

Continue reading ➞ King v Smail [1958] VR 273
Property Law

J A Pye (Oxford) Ltd v Graham [2003] A C 419

March 13, 2018 casesummaries

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 […]

Continue reading ➞ J A Pye (Oxford) Ltd v Graham [2003] A C 419
Equity & Trusts Property Law

Baumgartner v Baumgartner (1987) 164 CLR 137

March 13, 2018February 27, 2019 casesummaries

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 […]

Continue reading ➞ Baumgartner v Baumgartner (1987) 164 CLR 137
Property Law

Corin v Patton (1990) 169 CR 540

March 13, 2018February 23, 2019 casesummaries

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) […]

Continue reading ➞ Corin v Patton (1990) 169 CR 540
Property Law

Heid v Reliance Finance (1983) 154 CLR 326

March 13, 2018 casesummaries

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 […]

Continue reading ➞ Heid v Reliance Finance (1983) 154 CLR 326

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