Lydon v Ryding & Anor

[2002] WASC 308

Supreme Court of Western Australia

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Land Law
2. › Torrens system
3. › Caveats
4. › Extension of caveat
5. › Serious question to be tried
6. › Whether oral agreement for interest in land under a Will gives rise to caveatable interest
7. › Transfer of Land Act 1893 (WA), s 138
1. Land Law
2. › Torrens system
3. › Caveats
4. › Form of caveat
5. › Absolute caveat where limited interest claimed
6. › Whether caveat irregular on its face
1. Equity
2. › Constructive trusts
3. › Institutional and remedial constructive trusts
4. › Whether remedial constructive trust gives rise to caveatable interest before remedy obtained
1. Contract
2. › Formalities
3. › Agreements for disposition of interest in land
4. › Requirement of writing
5. › Part performance
6. › Whether acts unequivocal and referable to alleged agreement

Quick Take

A remedial constructive trust arising from claims of undue influence, unconscionable conduct or estoppel does not constitute a pre-existing right or interest in land capable of protection by caveat before the remedy has been obtained. An absolute caveat is irregular where only a limited interest is claimed. Where a caveat fails on technical grounds but there is an arguable underlying equitable claim, an injunction on conditions may be an appropriate alternative.