Priority in Equity: Failure to Caveat and 'Postponing Conduct'?

6 Pages Posted: 4 Jun 2015

See all articles by Lee Aitken

Lee Aitken

The University of Hong Kong - Faculty of Law

Date Written: 2012

Abstract

Subject to “postponing conduct”, the usual rule of priority in equity is that the person who comes first has the better claim. But what exactly is “postponing conduct”? Will, for example, a failure to caveat an interest under the Torrens system when it is possible to do so mean that the claimant’s position is postponed to that of a later interest holder? The question has been recently discussed by Bryson AJ in Taleb v National Australia Bank Ltd [2011] NSWSC 1562.

JEL Classification: k00

Suggested Citation

Aitken, Lee, Priority in Equity: Failure to Caveat and 'Postponing Conduct'? (2012). Australian Law Journal, 86 5: 291-295, 2012; University of Queensland TC Beirne School of Law Research Paper No. 15-44. Available at SSRN: https://ssrn.com/abstract=2611460

Lee Aitken (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01235

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