Macquarie Bank Ltd v Sixty-Fourth Throne Pty Ltd
| Jurisdiction | Victoria |
| Court | Supreme Court |
| Date | 1998 |
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52 cases
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Farah ConstructIons Pty Ltd v Say-Dee Pty Ltd
...So far as Say-Dee was relying on Barnes v Addy, it was certainly alleging a recognised equitable cause of action. In Macquarie Bank Ltd v Sixty-Fourth Throne Pty Ltd183 Tadgell JA (Winneke P concurring, Ashley AJA dissenting) held that a claim under Barnes v Addy was not a personal equity w......
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United Overseas Bank Ltd v Bebe bte Mohammad
...document. In the case of wilful blindness, I rely on what was stated by Tadgell JA in Macquarie Bank Ltd v Sixty-Fourth Throne Pty Ltd [1998] 3 VR 133, where it was pointed out that wilful blindness could in certain circumstances be “akin to fraud”. In my view, this was the situation in the......
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2 firm's commentaries
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Property & Projects - What's News - 2 June 2015
...not imputed to lender – Russo v Bendigo Bank Ltd [1999] VSCA 108; [1999] 3 VR 376, Macquarie Bank Ltd v Sixty Fourth Throne Pty Ltd [1998] 3 VR 133, Pyramid Building Society (in liq) v Scorpion Holdings Pty Ltd [1998] 1 VR 188, Beatty v Australian and New Zealand Banking Group Ltd [1995] Vi......
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Construction & Infrastructure What's News - 28 March 2017
...604, 614; Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89, 163 [174]; Macquarie Bank Ltd v Sixty Fourth Throne Pty Ltd [1998] 3 VR 133, 143-4; Cassegrain v Cassegrain [2015] HCA 2; (2015) 254 CLR 425, 437-45 discussed and applied. REAL PROPERTY - Torrens system land - Indefe......
5 books & journal articles
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Land Law
...(at [38]): In the case of wilful blindness, I rely on what was stated by Tadgell JA in Macquarie Bank Ltd v Sixty-Fourth Throne Pty Ltd[1998] 3 VR 133, where it was pointed out that wilful blindness could in certain circumstances be ‘akin to fraud’. In my view, this was the situation in the......
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Beyond the Torrens mirror: a framework of the in personam exception to indefeasibility.
...Bank Australia Ltd (1993) 31 NSWLR 722; Grgic (1994) 33 NSWLR 202, 217 (Powell JA); Macquarie Bank Ltd v Sixty-Fourth Throne Pty Ltd [1998] 3 VR 133, 162 (Ashley AJA) ('Sixty-Fourth Throne'); LHK Nominees Pty Ltd v Kenworthy [2002] 26 WAR 517, 552 (Murray J) ('LHK (68) Laughton [1997] 3 NZL......
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Barnes v Addy claims and the indefeasibility of Torrens title.
...Law Journal 78; Peter Butt, 'Rights in Personam and the Knowing Receipt of Trust Property' (2003) 77 Australian Law Journal 280. (15) [1998] 3 VR 133. (16) [2003] 1 Qd R 556. (17) (2002) 26 WAR 517. (18) [2007] HCA 22 (Unreported, Gleeson CJ, Gummow, Callinan, Heydon and Crennan JJ, 24 May ......
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Land Law
...authorities which recognised personal equities, such as Gosper (supra para 18.21) and Macquarie Bank Ltd v Sixty-Fourth Throne Pty Ltd[1998] 3 VR 133, Chan CJ noted (at [87]) that the provisions in the 1994 LTA were not the same as those in the Australian statutes. He further noted that the......
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