Property Law Semester 2

1. Property Law Semester 2 Equity Quiz Problems Review Barry v Heider

2. Equity Quiz • See handout • You should review any areas about which you are unsure.

3. Barry v Heider • Facts • Barry RP of Land- memo of transfer to Schmidt but did not receive money. • Transfer not registered; Voidable for fraud. • Schmidt executed Mortgage to Heider; unregistered. • B sought injunction to stop S registering and declaration that Land free of H’s M. • Held Barry held land subject to H’s Mortgage.

4. Cont. • Issues argument Transfer inoperative for any purpose until registration; thus no claim can be founded upon it except perhaps S’s personal right. • Barry argues that relevant Torrens s 41 no instrument effective to pass interest until registration. • Griffiths CJ – equitable claims and interest are recognised by the Real Property Act. Gives examples such as deposit of trusts instruments; lodging of caveat to protect trust.

5. Griffiths CJ • Transfer if valid would have conferred an equitable claim/ right. This was assignable. • Transfer = representation of assignable interest. • Transfer and later letter authorising delivery of CT =representation. • Barry allowed this to happen thus “ not entitled to relief against her except upon the terms of making good the representation.” at 238.

6. Isaacs J • B – cheated{fraud}. B could have transfer set aside ag S. Issues re instrument void • Note carefully at common law void instrument not pass interest. • “Transfer not the instrument creating the obligation” ??? • “Torrens Acts give greater certainty but do not destroy fundamental equity doctrines by which courts have enforced against RP conscientious obligations entered into by them.” 240.

7. Cont. • S41 Land Transfer Act in denying effect to an instrument until registered does not touch whatever rights are behind it. • If equitable rights/ obligations then decide on equitable principles of estoppel. Barry’s conduct in ‘arming Schmidt’ means his interest subject to obligation he allowed to be created.

8. Problems • Break into groups of 3-4. • Flag issues in first problem. • Dot point issues as a group. Return to central group. • Choose one issue per problem and write a joint suggested response.

9. Problems cont. • When the issue is completed swap the response with another group. • Provide feedback to the group on whether you agree with the analysis.