Priority in Equity: Failure to Caveat and 'Postponing Conduct'?
Australian Law Journal, 86 5: 291-295, 2012
6 Pages Posted: 4 Jun 2015
Date Written: 2012
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  NSWSC 1562.
JEL Classification: k00
Suggested Citation: Suggested Citation