Despot v Registrar General of New South Wales

• 1. Estoppel
  2. › Res judicata
  3. › Cause of action estoppel
  4. › Merger of rights and obligations in judgment
  5. › Whether contractual rights in respect of unpaid purchase price merged in money judgment obtained on earlier appeal
  6. › Whether relief sought inconsistent with unreversed judgment of appellate court
• 1. Contract
  2. › Specific performance
  3. › Election between inconsistent remedies
  4. › Vendor's election to enforce order for specific performance or to seek its vacation
  5. › Whether obtaining money judgment for unpaid purchase price constituted election to enforce specific performance order
  6. › Whether vendor precluded from subsequently seeking to set aside specific performance order
• 1. Contract
  2. › Specific performance
  3. › Vacation of order for specific performance
  4. › Non-compliance with condition of order
  5. › Whether contractual right of termination can be exercised without leave of court
  6. › Whether court's permission required before terminating contract after order for specific performance
  7. › Sunbird Plaza Pty Ltd v Maloney (1988) 166 CLR 245
• 1. Real Property
  2. › Torrens system
  3. › Indefeasibility of title
  4. › Personal equity exception
  5. › Whether registration of transfer procured in breach of court orders gave rise to personal equity against registered proprietor or mortgagee
  6. › Real Property Act 1900 (NSW), s 42

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