Real Property - Torrens system - Caveat - Interest claimed therein - Equitable charge - Pursuant to solicitor's costs agreement - Whether sufficient description of interest in caveat - Real Property Regulation 2008, sch 3.
Real Property - Contracts in relation to land - Equitable charge - Part performance - Lack of writing - Whether provision of legal services referrable to granting of a charge to secure fees - Whether composite or severable agreement - Conveyancing Act 1919, ss 23C and 54A.
Equity - Fiduciary duties - Conflict - Solicitors - Where client granted charge over all property to solicitor without explanation thereof by solicitor - Whether charge enforceable - Whether conflict of interest - Desirability of explaining charging clause to client - Legal Profession Act 2004, s 320.
Case Details
Citation[2013] NSWSC 1734
CourtNSWSC
JurisdictionNew South Wales
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