IOC Australia Pty Ltd v Mobil Oil Australia Ltd

The dispute in *IOC Australia Pty Ltd v Mobil Oil Australia Ltd* concerned the validity of the registration of a deed under the *Registration of Deeds Act 1890* (Vic) and the priority of title arising from such registration. The parties were IOC Australia Pty Ltd and Mobil Oil Australia Ltd. The case was heard by Griffith C.J., Barton and O'Connor JJ.

The central legal issues before the court were whether a memorial of a deed, signed by a party before all particulars were inserted, was validly registered, and if so, what effect this registration had on the priority of legal and equitable titles. The court also considered the sufficiency of the particulars provided in the memorial and the meaning of a "competent person" for the purpose of verifying the memorial.

The court held that the registration of a memorial under the *Registration of Deeds Act 1890* (Vic) was valid even if the party signing the memorial did so before all particulars were inserted, provided that the memorial was subsequently completed and verified by a competent person. The court interpreted "competent person" broadly, including a solicitor. The effect of registration was to give the registered deed priority over any unregistered deed, including prior equitable interests. The court applied the principle that registration under the Act provided constructive notice to the world of the existence of the registered deed, thereby establishing its priority.