On 15 March 2023, in Knight 34 Langdon Rd P/L and anor v Bell and others  VSCA 54, the Court of Appeal of the Supreme Court of Victoria (Emerton P, WalkerJA and J Forrest AJA) considered an application by an unsuccessful defendant for leave to adduce further evidence.
Readers will recall that I posted about a Queensland decision that dealt with a mortgagee exercising its power of sale during the pandemic (see here: https://melbournepropertylaw.blogspot.com/2021/06/are-there-any-recent-cases-about.html).
Yesterday, I posted about the Supreme Court of Victoria dealing with a similar scenario (see: https://melbournepropertylaw.blogspot.com/2023/01/are-there-any-recent-victorian-cases.html).
In Manda Capital Holdings Pty Ltd v PEC Portfolio Springvale Pty Ltd  VSC
Further to my post (see: https://melbournepropertylaw.blogspot.com/2021/06/are-there-any-recent-cases-about.html) about a decision of the Supreme Court of Queensland about a mortgagee’s duty of good faith in selling in a pandemic, the Supreme Court of Victoria has now had to deal with the same issue.
1. In Price v Spoor,  HCA 20, the High Court handed down a decision on 23 June 2021 about whether the parties to a mortgage could agree to contract out of the operation of the Queensland equivalent of the Limitation of Actions Act, 1958, and whether such an agreement
The Supreme Court of Queensland (Holmes CJ) has recently considered the duty of a mortgagee in selling a secured property in uncertain economic times (ie during a pandemic). In HSBC Bank Australia Ltd v Wang & Ors  QSC 58, the Court considered an application to remove a caveat lodged by
1. In Foudoulis v O’Donnell  VSC 248, the Supreme Court (Mukhtar As J) considered the approach to be taken by the Court in assessing whether a proposal to modify a restrictive covenant would substantially injure the persons entitled to the benefit of the covenant.
2. The plaintiff was the registered proprietor of a
1. The Court of Appeal (Beach, Kyrou and Kaye JJA), considered whether the Trial Judge erred in dismissing an application to remove a caveat under section 90(3) of the TL Act (see Chan and anor v Liu and anor  VSCA 28).
1. In CAG Company P/L v Cheruku and anor  VCC 13, the County Court (Marks J) considered the interpretation of a handwritten clause in a contract of sale of real estate allowing the purchaser to take possession of the property being sold 5 and 1/2 months before settlement.
1. In Lanciana v Alderuccio  VSCA 152, the Court of Appeal in a joint judgment (Tate, Hargrave and Emerton JJA) considered the circumstances in which it may be appropriate to order that a solicitor pay compensation under section 118 of the Transfer of Land Act 1958 in respect of a caveat lodged on behalf
In early 2019, in a judgment that ran to 647 paragraphs, County Court Judge Woodward, sitting as a Vice President at VCAT, had to deal with a claim following a fire at a residential tower in Melbourne that occurred due to faulty cladding (see: Owners Corporation No.1 of PS613436T v LU Simon Builders
As all Victorian property lawyers and conveyancers will know, from August 2019 there is a new standard form of Contract of Sale of Real Estate by the Law Institute of Victoria and the Real Estate of Victoria.
You should now discard all of your old forms of contract and commence using
The Sale of Land Amendment Bill 2018 was passed by the Victorian Legislative Assembly and introduced into the Victorian Legislative Council on 20 September 2018. However, with the Victorian state election in November 2018, the legislation lapsed.
As the state government was re-elected (with an increased majority), I expect that the legislation will