Dimos v Willetts & Anor

(2000) 2 VR 170; [2000] VSCA 154

Victorian Court of Appeal

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Interrogate

Catchwords

1. Real Property
2. › Torrens title
3. › Caveats
4. › Lapsing of caveats
5. › Notice of dealing to caveator
6. › Evidence of Titles Office practice
7. › Admissibility and sufficiency
8. › Presumption of regularity in government office
9. › Transfer of Land Act 1958 (Vic), ss 90(1), 113
1. Real Property
2. › Torrens title
3. › Caveats
4. › Notice requirements
5. › Form of notice
6. › Whether notice addressed to caveator's address for service rather than to caveator personally sufficient
7. › Transfer of Land Act 1958 (Vic), s 113(1)
8. › Interpretation of Legislation Act 1984 (Vic), s 49(1)(a)
1. Real Property
2. › Torrens title
3. › Mortgage
4. › Material alteration
5. › Whether alteration authorised
6. › Whether point under Instruments Act 1958 (Vic), s 126 could be raised on appeal having been abandoned below
1. Real Property
2. › Torrens title
3. › Caveats
4. › Notice by post
5. › Meaning of 'prepaying'
6. › Whether franking machine equivalent to prepaid postage
7. › Interpretation of Legislation Act 1984 (Vic), s 49(1)(a)

Quick Take

The rule in Kelly's Directories v Gavin & Lloyds is obsolete in Victoria: an order that one defendant pay the plaintiff's costs 'of the proceeding' does not include the plaintiff's costs of an unsuccessful claim against another defendant, absent a specific order to that effect. A successful claimant of funds held on trust pending trial is not 'the creditor' entitled to interest under s.58(1) of the Supreme Court Act 1986 (Vic). The word 'prepaying' in s.49(1)(a) of the Interpretation of Legislation Act 1984 (Vic) is to be read widely to encompass franking by machine.