Corin v Patton [1990] HCA 12
Severance of a joint tenancy under the Real Property Act 1900 (N.S.W.) and in equity requires alienation, either at law or equity, and mere delivery of a registrable transfer without procurement of the certificate of title is insufficient; Mrs. Patton did not do all that was necessary on her part, and no equitable interest passed to Mr. Corin, so Mr. Patton became entitled to the property by survivorship.
- Jurisdiction
- Australia
- Procedural Posture
- Appeal / High Court Decision
- Outcome
- Appeal dismissed with costs
- Legal Topics
- ['severance of Joint Tenancy' 'voluntary Transfer of Land' 'equitable Interests Under Torrens System' 'gift in Equity']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / High Court Decision
Legal Issues
- 1 ["Whether Mrs. Patton's actions severed the joint tenancy with her husband in law or equity" 'Whether an unregistered voluntary transfer under the Real Property Act N.S.W. passes an equitable interest or effects severance' 'Whether delivering a registrable transfer without procuring the certificate of title completes an equitable gift of land']
Ratio Decidendi
Severance of a joint tenancy under the Real Property Act 1900 (N.S.W.) and in equity requires alienation, either at law or equity, and mere delivery of a registrable transfer without procurement of the certificate of title is insufficient; Mrs. Patton did not do all that was necessary on her part, and no equitable interest passed to Mr. Corin, so Mr. Patton became entitled to the property by survivorship.
Court Disposition
Appeal dismissed with costs
Orders
- ['Appeal dismissed with costs']
Full Case Text
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