United Kingdom Leading Case uncategorized

Abigail v Lapin

[1934] AC 491; [1934] UKPCHCA 1; (1934) 51 CLR 58 (PC, on appeal from the High Court of Australia)

JurisdictionUnited Kingdom

CourtJudicial Committee of the Privy Council (on appeal from the High Court of Australia)

Year1934

StatusBinding authority

Key Principle

As between competing equitable interests in Torrens land, the earlier interest loses priority where the holder, by act or omission ('postponing conduct'), armed another with the apparent power to deal with the land as absolute owner and so induced a later claimant to act to its prejudice.

Area of Law

Related Cases

R (Carson) v Secretary of State for Work and Pensions [2006] 1 AC 173; [2005] UKHL 37

Canada Trust Co v Stolzenberg (No 2) [1998] 1 WLR 547 (CA); affd [2000] UKHL 51; [2002] 1 AC 1 (HL)

Broadmoor Special Hospital Authority v Robinson [1999] EWCA Civ 3039; [2000] QB 775; [2000] 2 All ER 727; [2000] 1 WLR 1590

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