week seven

Question 1

what type of conduct does the in personam claim require

Answer 1

unconscionable

Question 2

pre 1997, the in personam claim could only be brought for two things otherwise anything else would be pushing equity out too far

Answer 2

breach of contract and breach of trust

Question 3

what three requirements must be met for the in personam claim post 1997

Answer 3

1. remedy must not undermine the fundamental concepts of the Torrens system
2. there must have been unconscionable conduct on the part of the reg. proprietor
3. claims in personam must encompass only known legal or equitable causes of action

Question 4

what are some equitable causes for action for the in personam claim

Answer 4

breach of contract, breach of trust, estoppal

Question 5

can the conduct for an in personam claim occur after registration

Answer 5

yes, before and after

Question 6

trusts don’t protect you from creditors where you have?

Answer 6

made a trust to deliberately override your creditor

Question 7

what is estoppal

Answer 7

a legal principle that prevents someone from arguing or asserting a right that contradicts what they previously said or agreed to by law.

Question 8

who was Mr Lightbody in Regal Castings v Lightbody

Answer 8

the owner of a house with his wife and a jeweller with debt to Regal Castings his manufacturer

Question 9

what did Mr Lightbody do with his house

Answer 9

put it in a family trust under his lawyer’s advice

Question 10

what was the problem with Mr Lightbody transferring his house into a trust in regal castings

Answer 10

if you owe debt you cannot transfer into a trust unless you have other assets with which to pay off the debt - you cannot alienate your property to prejudice your credit

Question 11

what did Tipping J say about the 3 guidelines of whether there were be an in personam claim in Regal Casting v Lightbody

Answer 11

1 - they can put everyone in a remedial constructive trust and deal with everyone seperately so its fair

2 - it was unconscionable to transfer your house into a family trust when you are owing debt

3 - legal principle s 60 Property Act 1952

Question 12

what are the 3 equitable causes of action for this course and the cases associated with them

Answer 12

Contract - Potts v Anderson

Trusts/fiduciary obligation

Estoppel - Halliday v Bank of New Zealand

Question 13

setting aside dispositions that prejudice creditors is which sections of the property law act 2007

Answer 13

344 - 350

Question 14

person in whom order under s348 vests property or makes compensation payable is which section of the property law act 2007

Answer 14

s350, ss4 says this section overrides the land transfer act 2017

Question 15

in personam claims do not depend on a finding of?

Answer 15

fraud

Question 16

from Nathan v Dollars and Sense: “an in personam claim action founded on nothing more than the invalidity of the instrument or underlying transaction would be inconsistent with the ?

Answer 16

indefeasible nature of the RO’s title

Question 17

for an in personam claim, unconscionable conduct is not enough, there must also be ?

Answer 17

a recognised legal or equitable cause of action

Question 18

for an in personam claim there must be recognised legal or equitable cause of action, yet the relief is ?

Answer 18

equitable

Question 19

the family house was transferred to the trust in Regal Castings v Lightbody for ?

Answer 19

no consideration

Question 20

an in personam claim is concerned with the ___ ____ if the RO rather than the _____ of their _____

Answer 20

personal obligations, sanctity of their title

Question 21

in personam brings ____ to land law

Answer 21

equity

Question 22

what was used for the remedy in Regal Castings v Lightbody

Answer 22

remedial constructive trust