Dinh v. Dang

The case of Dinh v. Dang involved a dispute over the ownership of a piece of land in Queensland. The applicant, Dinh, sought to have a caveat lodged by the respondent, Dang, removed from the land's title. Dang had lodged the caveat claiming an equitable interest as an unregistered mortgagee, alleging an oral loan agreement secured by the land. The matter came before the Queensland Land Court, which was required to determine the validity of Dang's claim under the Property Law Act 1974 (Qld).

The court considered whether the alleged acts of part performance by Dang could sustain a caveatable interest under section 59 of the Property Law Act 1974 (Qld). This provision allows for the recognition of equitable interests where there has been part performance of a contract for land. The court examined the evidence presented and concluded that the alleged oral agreement did not meet the criteria for part performance. The evidence was insufficient to demonstrate that there had been a clear and unequivocal agreement between the parties, or that there had been part performance of such an agreement.

As a result, the court ordered the removal of the caveat and the payment of costs by Dang to Dinh. Additionally, the court ordered the transfer of the associated action from the District Court of Queensland to its own jurisdiction. This decision reinforced the principle that equitable interests under the Torrens system must be substantiated with clear and compelling evidence, particularly in the context of oral agreements and part performance.