Caveats - Limited extensions effectively unlimited
Jackson, Sheryl (1996) Caveats - Limited extensions effectively unlimited. Australian Property Law Journal, 4(3), pp. 259-264.
The decision of Young J in McCosker v Lovitt (1995) 12 BCL 146 paces an interpretation upon s 74J of the Real Property Act 1900 (NSW) likely to surprise the unwary respondent to proceedings in New South Wales involving an application for an order to extend a caveat. Further, the similarity in critical respects between s74J and the legislation relating to lapse and extension of caveats in some jurisdictions when contrasted with other lapse provisions suggests that a court order extending a caveat for a specified period only may have very different consequences in different jurisdictions.
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|Item Type:||Journal Article|
|Keywords:||caveats, application for order to extend caveat, lapse provisions|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Litigation Adjudication and Dispute Resolution (180123)
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
Current > Schools > School of Law
|Deposited On:||15 Jun 2014 23:37|
|Last Modified:||15 Jun 2014 23:37|
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