Black v Garnock : implications for Queensland conveyancing practice

Dixon, William M. (2008) Black v Garnock : implications for Queensland conveyancing practice. The Queensland Lawyer, 28(4), pp. 171-173.

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What was previously established as a fundamental principle, that a judgment creditor may take no interest beyond what the judgment debtor could give, has now been called into question by the decision of the High Court in Black v Garnock [2007] HCA 31. This article examines the implications of the decision of the High Court for conveyancing practice in Queensland.

The relevant facts of Black v Garnock [2007] HCA 31 may be briefly stated:

The Garnocks and the Luffs, as purchasers, entered a contract to purchase a rural property from Mrs Smith with settlement due on 24 August 2005. On 23 August 2005, a creditor obtained a writ against Mrs Smith from the District Court of New South Wales. No caveat was lodged on behalf of the purchasers prior to settlement (there being no equivalent, in New South Wales, of the Queensland settlement notice mechanism).

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ID Code: 42409
Item Type: Journal Article
Refereed: Yes
Keywords: conveyancing, s 105A(2) of the Real Property Act 1900 (NSW), s 105B(2) of the Real Property Act 1900 (NSW)
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: Copyright 2008 Lawbook Company
Deposited On: 05 Jul 2011 23:53
Last Modified: 15 May 2013 17:48

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