Person Lodging the Caveat - Caveator's Solicitors - Law Assignment Help

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Assignment Task :

PART A

Answer the following questions about the case succinctly, in your own words (that is to say, do not just ‘cut and paste’ from the judgment) using no more than 1,300 words (not including footnotes and headings - note no bibliography is required):

1.  What was the issue in the case?  

2.  Why did the person lodging the caveat (whoever that was) have no reasonable cause to lodge it? 

3.   Explain how the Court used principles of statutory construction to determine that the caveator's solicitors were not a "person lodging a caveat" within the meaning of s118 of the Transfer of Land Act 1958 (Vic)?  Keep in mind that s 118 of the TLA (Vic) is the equivalent of s 74P of the RPA (NSW), but the latter is much wider in its application, because it covers not just lodging a caveat but also causing a caveat to lapse and refusing to withdraw a caveat without reasonable cause. 

 

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