SCENARIO:

Peter was the owner of vacant fee simple land at Soldier’s Beach on the New South Wales Central Coast. The land was held in the old system of title. Peter had become the owner after having been given the land from his late uncle’s will.

Peter had leased the land to Lawrence who used the land to agist his horses. Peter had agreed to lease the land to Lawrence for 2 years without an option to renew. The lease was in writing but not in the form of a deed. Lawrence had paid two months rent up front and moved his horses to the land.

Peter borrowed money from Irene. She lent Peter $200,000 but asked for some form of security.
Peter gave Irene the title deeds to the land but nothing was put into writing.

Irene’s husband Patrick had a drug addiction and stole some of the title deeds from Irene. He pretended to be Peter and purported to sell the land to Jeremy. Jeremy never inspected the property. He completed the sale very quickly (after 4 days) because he suspected that something was fishy about the sale and he didn’t want to lose out of the chance to purchase it at such a good price. He received a forged deed of conveyance from Patrick (who he believed was Peter). Jeremy registered the deed.

QUESTIONS TO BE ANSWERED IN RELATION TO THE SCENARIO ABOVE:

(a) What is the nature of Lawrence’s lease?

(b) What is the nature of Irene’s security?

(c) Who is the legal owner of the property and are they subject to the lease and the security?

(d) If the facts of the question are changed so that the land is Torrens land, and Jeremy registered a transfer with the certificate of title, who is the owner of the land and will that person be subject to the lease and/or the security?

ADDITIONAL NOTES:

Please specify and include relevant acts and sections for Old System e.g. Conveyancing Act 1919 (NSW) and for Torrens System, The RPA.

Further could you please apply relevant cases to support each interest and or issue (where necessary). Below are a few which have been mentioned in the topic outline, that may be of relevance:

Barry v Heider (1914) CLR 197
Chan v Cresdon Pty Ltd (1989) 168 CLR 242
Derry v Peek (1889) lR 14
Haselhurst v Elliot) (1945) VLR 153
Leros Pty Ltd v Terara Pty Ltd [1992] HCA 22; 174 CLR 407
Mathews v Godday (1861) 31 LJ ch 282).
McBride v Sandland (1918) 25 CLR 69
Pilcher v Rawlins (1872) LR 7 CH 259
Re Cooper, Cooper v Vesey (1882) 20 Ch.D 611
Regent v Millett (1976) (1976) 133 CLR 679
Theodore v Mistford Pty Ltd (2005) 221 CLR 612
Walsh v Lonsdale (1882) 2 CH D 9

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