Australia Leading Case settlement riskcaveatswrit of execution

Black v Garnock

[2007] HCA 31; (2007) 230 CLR 438

JurisdictionAustralia

CourtHigh Court of Australia

Year2007

StatusBinding authority

Key Principle

A purchaser's unregistered equitable interest under a contract of sale can be defeated by a writ of execution registered against the vendor before settlement and registration of the transfer; protection requires a caveat lodged on exchange.

Area of Law

Land & Property

Related Cases

Westfield Management Ltd v Perpetual Trustee Company Ltd [2007] HCA 45; (2007) 233 CLR 528

Bahr v Nicolay (No 2) [1988] HCA 16; (1988) 164 CLR 604

Progressive Mailing House Pty Ltd v Tabali Pty Ltd [1985] HCA 14; (1985) 157 CLR 17

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