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Priorities and Caveats in Real Property Law

1 Priorities and Caveats v Dillon) · A prior equity, however may be postponed to a later one through disentitling conduct (Abigail v Lapin) · NB: for registered interests, notice is not relevant - see 184(2) LTA Disentitling conduct? · Has one of the parties done 1 2 Priorities and Caveats something or haven't done something which might mean their interests are postponed? o The is a broad test, and could include: Failing to prepare and lodge an instrument for registration (eg. to perfect a legal interest) Handing a blank transfer document 2 3 Priorities and Caveats to a mortgagee (eg. arming a third party) Breskvar Negligence in putting another person in a position who is able to misrepresent an interest AG CQ Pty Ltd v A&T Promotions Failing to lodge a caveat to protect an interest - Abigail v Lapin 3