CORALIE ANN CORLETT as Executor of the Will of FERENC KOCSIS -v- FIELD [2018] WASC 243

Link to Appeal: [2018] WASCA 184  

SUPREME COURT OF WESTERN AUSTRALIA
[2018] WASC 243
N/A
CIV 1585/2015
15-18 JANUARY 2018
LE MIERE J
17/08/2018
Perth
Sale of land directed under s 126(1) Property Law Act 1969 (WA) Net proceeds to be paid to parties pro rata in accordance with the extent of their registered interest in the property
B
CORALIE ANN CORLETT as Executor of the Will of FERENC KOCSIS
RAYMOND FIELD
CORALIE ANN CORLETT as Executor of the Will of FERENC KOCSIS who was the Executor of the Will of ELSIE KOCSIS
ALLEN FIELD
MARIA CARMEN FIELD
Property law
Application for order for sale under s 126 of the Property Law Act 1969 (WA) Property law
Adverse possession
Whether property was adversely possessed Property law
Whether joint tenants or tenants in common Contract law
Repudiation
Whether refusal to carry out term of contract was repudiation
Whether performing party was entitled to termination
Property Law Act 1969 (WA), s 126
Carr v J A Berriman Pty Ltd (1953) 89 CLR 327
Koonpahtooo Local Aboriginal Land Council v Sanpine Pty Ltd (2007) 233 CLR 115
Laurinda Pty Ltd v Capalaba Park Shopping Centre Pty Ltd (1989) 166 CLR 62
Progressive Mailing House Pty Ltd v Tabali Pty Ltd (1985) 157 CLR 17
Warren v Lawton [No 3] [2016] WASC 285
N/A
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