Robert Hay KC Blog

Property Law Act 1958

  • Default notice not needed where there is a repudiation of the contract

    In Gayed & Anor v Yuan [2024] VSCA 85 the Victorian Court of Appeal confirmed that: where a purchaser has repudiated a contract for the sale of land, it is not necessary to serve a default notice before terminating the contract; and general condition 28.4(c) of the standard contract does not restrict a vendor to only claiming…

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  • Second Notice to Complete Revives Terminated Agreement – Contract Sale of Land

    A vendor who has terminated a contract for the sale of land should be wary of serving a second notice to complete because the second notice revives the agreement that has been terminated. In Rona v Shimden [2005] NSWSC 818 a vendor under a contract of sale claiming to have terminated the contract, gave notice…

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  • Is a purchaser of land bound by covenants in a lease?

    There is a translation key (widget) on the mirrored blog for ease of reading for non-English speaking members of the public or professionals. The mirrored blog can be found at http://roberthaybarrister.blogspot.com.au/   When premises are sold the question often arises as to whether a tenant can enforce  covenants contained in the lease against the new owner? At common…

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  • Property Law ( Sale of Land) – Everything must be in writing

    There is a translation key (widget) on the mirrored blog for ease of reading for non-English speaking members of the public or professionals. The mirrored blog can be found at http://roberthaybarrister.blogspot.com.au/   It is extraordinary how often lawyers overlook the cardinal rule when dealing with land: anything intended to have legal effect must be in writing. See:…

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