Chan v Chan
[2020] VSCA 40
Citation 1
(Para 55)
…writ pursuant to r4.07; and (g) where the Court gives judgment for possession under O53, it may grant a stay of execution. [3] [2014] VSC 241 [4] [2020] VSCA 40 at [55]…
Pirina v Pirina Holdings Pty Limited
[2015] NSWSC 1899
Citation 2
…ases, it is now clear that a right for relief under the principle of proprietary estoppel does not confer an interest in land. [11] [2015] NSWSC 1899 26Finally, Mr McKenzie refers again on the doctrine of indefeasibility. He says that it is clear that the highest Ms O’Connell can put her position is as a bare licens…
King v King
[2012] QCA 39
Citation 3
…rom Errington and Wood is that the licensee’s right is personal, not proprietary, and cannot be transferred by the licensee.” [8] [2012] QCA 39 [9] [1952] 1 KB 290 [10] King v King at [36] per Chesterman JA 21For his part, counsel for Zappia Mr McKenzie, was not in a position to respond directly to the principle…
Bahr v Nicolay (No 2)
[1988] HCA 16
Citation 4
…aintiff cannot set up the indefeasibility of its title to ignore what it has agreed (see generally Bahr v Nicolay (No. 2) (1988) 164 CLR 604)”. Dr Ryan concludes: “As in Remar Australia Inc v Dayspring Community Ltd [2010] VSC 352 where the defendant submitted it had an equitable licence to remain on the land, the De…
Olsson v Dyson
[1969] HCA 3
Citation 5
…r decision in King v King , the principle of Inwards was approved although not applied on the facts, by the High Court in Olsson v Dyson .[12] [12] (1969) 120 CLR 365 28On the question of indefeasibility Dr Ryan relies on the provisions of the contract set out above referring to Ms O’Connell’s occupation. He argues t…
Burke v Dawes
[1938] HCA 6
Citation 6
…ion, whether it be that of a mere intruder or of a person claiming as of right under a title good at law or in equity’.” [13] (1938) 59 CLR 1 at 17-18 per Dixon J 30On the application of the in personam exception, Dr Ryan submits that Zappia, by committing itself in the contract to deal with Ms O’Connell, is requi…
Framlingham Aboriginal Trust v McGuiness and Chatfield
[2014] VSC 241
Citation 7
…nue as if begun by writ pursuant to r4.07; and (g) where the Court gives judgment for possession under O53, it may grant a stay of execution. [3] [2014] VSC 241 [4] [2020] VSCA 40 at [55]…
Dayspring Community Ltd v Remar Australia Incorporated
[2010] VSC 352
Citation 8
…Bahr v Nicolay (No. 2) (1988) 164 CLR 604)”. Dr Ryan concludes: “As in Remar Australia Inc v Dayspring Community Ltd [2010] VSC 352 where the defendant submitted it had an equitable licence to remain on the land, the Defendant humbly submits that it [is] inappropriate for the proceedings to continue by way of su…