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Getting more than the judgment debtor can give?

Dixon, William M. (2010) Getting more than the judgment debtor can give? The Queensland Lawyer, 30(4), pp. 184-189.

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Abstract

Prior to the decision of the High Court in Black v Garnock (2007) 230 CLR 438 it was an established principle in Queensland that a judgment creditor acting under an enforcement warrant could take no interest beyond what the judgment debtor could give. However, the decision of the High Court called this principle into question. This article examines the current position in the context of s 120 of the Land Title Act 1994 (Qld) , Queensland Titles Office practice and standard contractual provisions. This examination is further informed by the recent decision of Martin J in Secure Funding Pty Ltd v Doneley [2010] QSC 91.

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ID Code: 42293
Item Type: Journal Article
Keywords: property law
ISSN: 0312-1658
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Property Law (excl. Intellectual Property Law) (180124)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Coyright 2010 Thomson Reuters (Australia/NZ)
Deposited On: 01 Jul 2011 10:50
Last Modified: 01 Mar 2012 14:04

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