VSCA 152 - Lanciana v Alderuccio [2020] - Law Assignment Help

Assignment Task

Case to review: Lanciana v Alderuccio [2020] VSCA 152 

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?  (8 marks)
2.Why did the person lodging the caveat (whoever that was) have no reasonable cause to lodge it?  (10 marks)
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. (8 marks) 
PLS USE NSW CASE LAW AND LEGISLATIONS
PART B
Using no more than 700 words (as above), set out your own views as to whether the New Zealand case of Gordon v Treadwell Stacey Smith [1996] NZCA 110; [1996] 3 NZLR 281 which the Victorian Court of Appeal declined to follow in this case, or the two New South Wales cases of Windlock Pty Ltd v Davidovic [2014] NSWSC 269 and Arkbay Investments Pty Limited (In Liquidation) (Receivers and Managers appointed) v Echelon Property Management Pty Ltd (No 2) [2014] NSWSC 572 relied on by the respondent in this case, better articulate a legal principle for protecting registered proprietors of land from caveators lodging caveats when those caveators have no reasonable cause to lodge their caveats.  (14 marks)
Note: in answering Part B it will not be sufficient to simply summarise what the judgments you are reviewing say.  You will need to evaluate them to answer the policy question as asked.
PLS USE AUSTRALIAN, NSW, CASE LAW AND LEGISLATIONS, AGLC style referencing 

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