Robert Hay KC Blog

Property Law

  • 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

    Read more →

  • NSW Court departs from general rule on drawing down of bank guarantees

    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/ Courts have traditionally treated an interlocutory application to restrain the calling upon or use of money secured by a bank guarantee or other performance bond as being

    Read more →

  • Beware lodging caveat ‘without reasonable cause’

    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/   Section 118 of the Transfer of Land Act 1958 and s.74P of the Real Property Act 1900 (NSW)  provide for payment of compensation to

    Read more →

  • Implied term that vendor must act in a reasonable manner when selling land pursuant to liquidated damages clause

    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/   What duties does a vendor have in selling land pursuant to a liquidated damages clause in the sale contract following a default by the purchaser? There

    Read more →

  • Media Presentation By Robert Hay

    Re-entry and Relief from Forfeiture in Commercial Leases  Robert Hay  – Greens List   My  clerk can be contacted via this link http://www.greenslist.com.au/       https://www.youtube.com/channel/UCnZ52SbIPsHnEz74tK8ikRg

    Read more →

  • Franchisees beware of arbitration clauses

    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/   Prospective franchisees should be cautious about agreeing to the inclusion of arbitration clauses in franchise agreements. It is common for a franchisee to enter into an ‘occupancy’

    Read more →

  • VCAT is a “court” and therefore arbitration clause effective

    There is a translation key(widget)  on this blog for ease of reading for non-English speaking members of the public or professionals. http://roberthaybarrister.blogspot.com.au/   In  Subway Systems Australia Pty Ltd v Ireland [2013] VSC 550 Croft J held that a requirement in a franchise agreement that disputes be referred to arbitration did not prevent VCAT hearing

    Read more →

  • Mortgagee lender does not have duty of care to ensure that a loan is appropriate for borrower

      There is a translation key(widget)  on this blog for ease of reading for non-English speaking members of the public or professionals. http://roberthaybarrister.blogspot.com.au/   Defaulting mortgagor borrowers defending court proceedings by the mortgagee lender often allege that the lender owed them a duty to investigate their income and assets and liabilities to determine whether the

    Read more →

  • Undertaking as to damages must not be a ritual or a formality

      There is a translation key(widget)  on this blog for ease of reading for non-English speaking members of the public or professionals. http://roberthaybarrister.blogspot.com.au/ Parties seeking injunctions are required to offer an undertaking as to damages as the price for the injunction. All too often the undertaking is given lightly and without an understanding of the

    Read more →

  • Mortgagor fails in last minute bid to stop auction

    Bill Stark has posted an interesting article on his blog about a case concerning a defaulting mortgagor’s last minute unsuccessful attempt to prevent the sale of the mortgaged land. See: Melbourne Property Law Blog.  Attempts by mortgagors to prevent  sales proceeding are rarely successful and the price for an injunction preventing a sale proceeding is usually

    Read more →

Instagram / TikTok / X

Designed with WordPress