conveyancing law the notice to complete - law essay

conveyancing law the notice to complete - law essay - Essay...

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Essay Written by http://www.itchybrainscentral.com Conveyancing Law: The Notice To Complete April 2007.
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Essay Written by http://www.itchybrainscentral.com [Student Name] [Course Name and Number] [Tutor Name] [Date] Notice to Complete Put very simply a notice to complete is a document that is sent by one party to a contract to another, asking that actions already agreed between the two parties be made within a specific time frame. In conveyancing terms this generally means that one party to the sale and purchase of property asks the other party within the sale and purchase to complete the sale whether it be through paying monies owed on the property, or by fronting up with a title, lease document or similar item that had been agreed to previously by both parties, thereby creating a contract. Usually the notice to complete is used by one party to “hurry along” the other party in a contract situation where no specific time line for completion has been made. An example of a case where a notice to complete was considered within the context of terminating a contract is Laurinda Pty v Capalaba Park Centre 1 . In this case Laurinda wanted to lease a building from the Capalaba Park Centre. The two parties came to an agreement over the lease and Laurinda took up residence of the building in December 1985. At the time Capalaba Park Centre was not in a position to offer a lease document for registration because they were in the process of changing their own internal financial structure and so the Laurinda Company occupied the building for 9 – 10 months without a registered lease. However after this time Laurinda wanted to sell their business as a going concern within the leased building and so sent a notice to 1 Laurinda Pty Ltd v Capalaba Park Shopping Centre Pty Ltd (1989) 166 CLR 623
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Essay Written by http://www.itchybrainscentral.com complete to the Capalaba Park Centre in August 1986 giving the company 14 days to come up with a registered lease document. When Capalaba Park Centre did not come up with the lease, Laurinda terminated the lease agreement. When this case came up for appeal in the High Court of Australia a number of issues were discussed. Firstly it was held that there was an agreement between the two parties that Laurinda would take the lease of a shop within the Capalaba Park Centre. Clause 6.1 of the contract indicated that the Centre would grant and Laurinda would accept a lease of six years, but at the time no dates for commencement and termination were included in the deed, although the commencement date of the lease was deemed 1 st December 1985, which was when Laurinda took up occupancy in the building. Clause 6.2 of the agreement indicated that the dates for commencement and termination, a plan of the building (required by the Registrar of Titles), the yearly and
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conveyancing law the notice to complete - law essay - Essay...

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