Singh v Lugondela [2020] VSC 544
Supreme Court of Victoria adopts flexible approach to determining the date at which damages for failed contract of sale were to be assessed.
Category: Property and Probate
Court of Appeal considers issues of indefeasibility, knowledge of trusts and volunteers
In a recent examination of indefeasibility of title as it applies to persons with knowledge of existing equitable interests and volunteers, the Court of Appeal broadened the circumstances in which knowledge of a trust might affect one’s title and reversed the Victorian position regarding the “volunteer exception”.
Laming v Jennings
Dr Kylie Weston-Scheuber and Matthew Harvey examine a recent Court of Appeal decision concerning the requirements for an easement by presumption of lost modern grant. The Court made some interesting observations about the interaction between the doctrine and the Transfer of Land Act, which may be of relevance to future matters where easements are claimed.
Supreme Court confirms that Owners Corporations provide services under the Equal Opportunity Act
Owners Corporations are service providers for the purposes of the Equal Opportunity Act 2010 (EO Act) and therefore are required to make ‘reasonable adjustments’ to common areas for tenants and visitors with disabilities.
So bad it’s good: dodgy drafting gets the job done
In this recent decision, the landlord got the benefit of a dubiously worded outgoings clause. The High Court gave full effect to the parties’ commercial intent to hold that commercial common sense dictated that the tenant would be liable for all outgoings under a long term lease.
Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd [2017] HCA 12
Deficiency in will execution procedure
Important decision on the requirements of setting aside a will on the grounds that the testator did not know or approve of the contents. Useful study of “suspicious circumstances” necessary to displace the presumption of knowledge and approval created by due execution of a will.
Follow the Golden Rule
Finding as to the existence of testamentary capacity overturned. The last exposition on capacity by the VSCA was over 10 years ago in Kantor & Anor v Vosahlo [2004] VSCA 235 (‘Kantor’).