Competing equitable interests qui prior est tempore

8. Competing equitable interests
- Qui prior est tempore potior est jure: “the first in time prevails”
- The earlier title only succeeds if the two equitable interests
are equal in all respects. If one has better equity to another, the time
factor is immaterial.
- WHAT DOES EQUAL MEAN?

Torrens Title
RELEVANT LAW
- REAL PROPERTY ACT 1900- SECT 36(5)
Order of registration is determined by the order of lodgment in “registrable
form:”
- REAL PROPERTY ACT 1900- SECT 39(9)
NSW priority between competing registered interests is determined by the
order of registration, not by the date of execution of the document.
- REAL PROPERTY ACT 1900 - SECT 41
Dealings not effectual until recorded in Register
AKA. REGISTRATION MAKES OR BREAKS
- REAL PROPERTY ACT 1900 - SECT 41(1)
No instrument, until registered in manner hereinbefore prescribed, shall be
effectual to pass any estate or interest in any land under the provisions of
this Act,”
- REAL PROPERTY ACT 1900 - SECT 42
Estate of registered proprietor paramount
- REAL PROPERTY ACT 1900 - SECT 42(1)
(except fraud)
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