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45 Cards in this Set
- Front
- Back
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Requirements for Native Title |
s223 |
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Definition of 'traditional', strict application |
Yorta Yorta |
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No extinguishment contrary to NTA |
s11 |
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Extinguishment can occur through 'clear and plain intent' |
Wik |
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Regulation of enjoyment does not extinguish |
Akiba |
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NT only extinguishes at common law where there is a 'necessary inconsistency' |
Wik; Ward; Brown |
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Non-extinguishment principle |
s238 |
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Equitable fee simple |
Lysaght v Edwards |
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Equitable lease |
Walsh v Lonsdale |
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Statute of frauds provisions |
ss 10-12, 59 |
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Part performance not affected by PLA |
s6(d) |
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Nature of part performance |
Regent v Millett |
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Joint tenancy |
Wright v Gibbons |
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Survivorship - ius accrescendi |
In re Robertson |
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Joint tenants alienating to TIC |
Wright v Gibbons |
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Only JT and TIC in Qld |
s33 |
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Pre-PLA presumption of JT |
Payne v Webb |
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Post-PLA presumption of TIC without clear intent |
Delehunt v Carmody |
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Co-owners may invite strangers |
Thrift v Thrift |
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Co-owners may lease their share without consent of others |
Catanzariti v Smith |
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No occupation rent payable without ouster |
Biviano v Natoli |
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'Account of profits' for unjust share |
s43 |
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Expenditure of own labour need not be accounted for |
Henderson v Eason |
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No right to compensation for improvements made, unless by agreement or requirement of law |
Leigh v Dickeson |
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Equitable defensive right to allowance for improvements made on termination of co-ownership |
Brickwood v Young |
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Allowance for improvements not to exceed the lesser of their cost or their improving value |
McMahon v Public Curator (Qld) |
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Unilateral severance of JT |
Land Title Act s59 |
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Unlawful killing severs JT |
Re Stone |
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Lease entails exclusive possession: a matter of substance, not form |
Radaich v Smith |
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Lease requires certainty of duration |
Prudential Assurance v London Residuary |
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Tenancies at will arise where property occupied but lease under negotiation |
Turner v York Motors |
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Leases of more than three years must be registered |
Land Title Act |
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Covenant of quiet enjoyent |
Aussie Traveller |
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Covenant not to derogate from grant |
Aussie Traveller |
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Covenant to maintain premises in good repair |
O'Brien v Robinson; PLA s106 |
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Covenant to repair |
Rainbow Estates; PLA s105 |
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Alteration in breach of covenant creates liability to put back, not compensate for difference in value |
Tabcorp v Bowen |
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Forfeiture |
ss107, 124 |
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Relief against forfeiture |
Platt v Ong |
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Repudiation |
Highway Properties |
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Demonstration of repudiation |
Progressive Mailing House |
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LL duty to mitigate losses |
Wood Factory |
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Damages repudiation vs forfeiture |
Shevill v Builders Licensing Board |
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Privity of contract vs privity of estate |
Spencers' Case |
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No derogation from grant because of competition |
Port v Griffiths |
