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Property Disputes
Legalwise Annual Property Seminar March 2016 from lainachanbarrister
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Powerpoint to accompany the first of a series of chatz between Ian Bailey SC and Laina, the video may be viewed at https://youtu.be/TVVSSbLUm0g
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This article will trace the evolution of the common law concept of caveat emptor where a vendor only had to disclose latent defects in title whether or not known to the vendor, to the constraints now placed on vendors via their obligations pursuant to s 52A of the Conveyancing Act 1919 (NSW) and s 18 of the Australian...
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Caveats are the traditional way in which a person with an equitable interest in a parcel of real property can protect their interest in that property. The High Court case of Black v Garnock suggested that purchasers under contract should always lodge a caveat and shows the risks of not doing so. The incidence of fraud in...
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‘that uncertainty that appears necessarily to affect this area of the law if entitlement to damages is to depend upon [a] case-by-case application of a general policy, itself inflexible and ill-defined and dependent upon a survey of a quite variable group of considerations, many of which will be susceptible of the production of differing, subjective...
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