IP claim

Question 1

In Personam Claim

Answer 1

Where a new registered owner has registered, and committed fraud against equitable owners, the owners of equitable interests can issue an in personam claim. Often applies for proprietary estoppel

Question 2

Elements (Dollars & Sense)

Answer 2

• Must not be inconsistent with objectives of the Torrens System (certainty of title)
• Must involve unconscionable conduct on party of RO
• Recognised course of action
  Allows other parties to order for specific performance for breach of contract, trust, or proprietary estoppel.

Question 3

Potts

Answer 3

Breach of contract not to grant easement

Question 4

Tuscany

Answer 4

“I wouldn’t do that to you” then proceeds to renovate property which he said he would not

Question 5

Smith v Hugh Watt Society

Answer 5

Breach of trust gave rise to in personam claim

Question 6

Harvey

Answer 6

Daughter held land on constructive trust for parents, she knew about the licence and had a moral obligation to give effect to it. By selling fast she breached this.