REAL PROPERTY - unregistered interests - caveats - operation of s 74H(4) of the Real Property Act - meaning of "has been lodged" - consideration of definition of lodgment in s 36(1B) - held that dealing is not lodged until given distinctive reference.
REAL PROPERTY - unregistered interests - priority - determination of "better equity" - postponing conduct - where earlier interest holder has withdrawn caveat - where later interest holder has acquired their interest from a person with a "better equity" but is on notice of the earlier interest.
REAL PROPERTY - unregistered interests - priority - operation of s 43A(1) - where person has acquired interest from a person entitled to protection under s 43A(1) - held still entitled to priority.
Case Details
Citation[2012] NSWSC 699
CourtNSWSC
JurisdictionNew South Wales
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