Real Property Law

Part 1

• Provide case notes for these 5 cases: (70 words per note)
  • Claude Neon Ltd v Melbourne & Metropolitan Board of Works (1969) 43 ALR 69
  • Mabo v Qld (1992) 175 CLR 1; 107 ALR 1
  • Addison v Billion [1983] 1 NSWLR 586
  • Delehunt v Carmody (1986) 68 ALR 283
  • Allen v Carbone (1975) 132 CLR 528
• Provide short notes (70 notes per note) on these questions with reference to relevant caselaw and legislation:
  • The effect of native title on urban land in Sydney NSW
  • The effect of section 184G of the Conveyancing Act 1919 (NSW) on priorities between interests under Old System title
  • 42 of the Real Property Act 1900 (NSW)
  • the effect of Part 7A, ss 74A-R of the Real Property Act 1900 (NSW)
  • the effect of Part 23 of the Conveyancing Act 1919 (NSW)
  • the effect of s.89 of the Conveyancing Act 1919 (NSW)
  • the effect of Part 2, Division 3, ss23B-E of the Conveyancing Act 1919 (NSW)
  • meaning of and remedies for encroachment
  • the nature and effect of a lease for three years

• Answer the following:

Bigdeal v Horace

Bigdeal Pty Ltd (Bigdeal) offers for lease or sale mainframe and wireless computer equipment to businesses. Although Bigdeal equipment comes in packages sized to fit into a lift, some of it is portable and some of it needs to be assembled on site and installation requires some minor building work to the ceilings, walls, floor and carpet.

1. What advice would you give Bigdeal about the installation of its equipment?
2. Would you give different advice in relation to a purchaser or leasee of Bigdeal equipment?
3. If so what, if not why not?

Part 2

• “In the 21st century the definition of ‘land’ in s.21 of the Interpretation Act 1987 (NSW) and s.2B of the Acts Interpretation Act 1901 (Cth) no longer has any real meaning because its language and concepts are now irrelevant and outdated.” Discuss in approximately 350 words with particular reference to Australian native title law.

• Discuss in approximately 350 words why and how prior fraud affects title to real property.