Where a registered lease expires and is extended by unregistered amendments, any subsequent holding over occurs under an unregistered lease, and s 176 of the Land Title Act 1994 (Qld) does not deem that unregistered lease to operate as a deed. Consequently, claims arising under such a holding over are actions on a simple contract subject to a 6-year limitation period under s 10(1) of the Limitation of Actions Act 1974 (Qld), not the 12-year period for actions on a specialty. Equitable set-off remains available between claims arising under different leases between the same parties where the claims involve the same business and the same continuing relationship.
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