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.
Category: Property and Probate
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.
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  HCA 12
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.
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  VSCA 235 (‘Kantor’).