[Download] "Recipient Liability Under the Torrens System: Some Category Errors (Australia)" by University of Queensland Law Journal * Book PDF Kindle ePub Free
eBook details
- Title: Recipient Liability Under the Torrens System: Some Category Errors (Australia)
- Author : University of Queensland Law Journal
- Release Date : January 01, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 294 KB
Description
1 INTRODUCTION The High Court's recent decision in Farah Constructions Pty Ltd v Say-Dee Pty Ltd (1) ranges widely over a number of equitable doctrinal areas. They include establishing the proper scope of a fiduciary relationship, breach of fiduciary duty, consent as a defence to a claim for breach of fiduciary duty, liability under both so-called 'limbs' of Barnes v Addy (2) for receiving property in breach of duty and for assisting in the commission of the breach, and the application of the Torrens system of title registration to actions for the specific recovery of land. But the analysis of all these issues is secondary to the firm views expressed by the High Court as to the inappropriateness of intermediate courts of appeal in developing the law in cases where the arguments on both sides have been presented in terms of established principles and where no argument has been put that those principles should be modified.
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