Conveyancing Amendment (Rule in Pigot’s Case) Act 2001 (NSW)

An Act to amend the Conveyancing Act 1919 to abolish the Rule in Pigot’s Case, and for related purposes.

1Name of Act

This Act is the Conveyancing Amendment (Rule in Pigot’s Case) Act 2001.

2Commencement

This Act commences on the date of assent.

3Amendment of Conveyancing Act 1919 No 6

The Conveyancing Act 1919 is amended as set out in Schedule 1.

Schedule 1Amendment

(Section 3)

Insert after section 183:

184Abolition of Rule in Pigot’s Case(1)

The rule of law known as the Rule in Pigot’s Case is abolished.

(2)

Accordingly, a material alteration to a deed does not, by itself, invalidate the deed or render it voidable, or otherwise affect any obligation under the deed.

(3)

This section applies to and in respect of alterations made before or after the commencement of this section, but does not apply in relation to proceedings instituted before the commencement of this section.

(4)

This section extends to dealings under the Real Property Act 1900.

(5)

In this section, deed includes a written contract or any document evidencing a contractual intention.