Topic%204%20-%20Part%202%20-%20Assignments

3 perspectives were offered as to the meaning of the

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3 perspectives were offered as to the meaning of the phrase “done everything necessary to be done”: Isaacs J : the assignment will only be recognised at equity when registration of the transfer has taken place i.e. full compliance with legal requirements Higgins J : the transfer will not be recognised at equity either since the donor has not done everything in his power he might do Griffith CJ : sufficient acts have been completed once the donor has done everything necessary for him to do i.e. the transfer is signed and the duplicate certificate handed over since anyone could register the transfer. Preferred view – since adopted
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17 Griffith CJ Gave some examples: In the case of shares “I think the donor has done all that is necessary on his part as soon as he has executed the transfer” In the case of a gift of land “I think that a gift would be complete on execution of the instrument of transfer and delivery of it to the donee” If anything remains to be done by the donor (in the absence of which the donee cannot establish title) the gift is imperfect; if all that remains to be done can be done by the donee himself the gift is complete
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18 Norman v FCT  (1963) Windeyer J adopted Griffiths CJ approach from Anning : “if a man, intending to make an immediate gift of a chose in action… executes an instrument that meets the requirements of the statute and delivers it to the donee, actually or constructively , he has put it out of his power to recall his gift… notice can be given by the donee We’ll revisit Norman’s case again
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19 Corin v Patton  (1990)  Type of property: legal and TS land Mrs. P’s transfer of land in registrable form Was this a valid transfer at law? Was it valid in equity? Mr. & Mrs. P JT over land Mrs. P try to sever JT by transferring ½ to C Mr. C execute deed declaring trust in favour of Mrs. P Mrs. P beneficiary of trust
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20 Corin v Patton  cont. Mrs. P did not give the CT to C (was held by bank) nor did she give the bank authority to give it to C Will left estate to children in equal shares Majority held Mrs. P had not done all that was necessary for her alone to do as she had not obtained the CT nor authorised the bank to hand it over Judges considered different perspectives offered in Anning v Anning
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21 Judgments in  Corin v Patton Mason CJ & McHugh J: Preferred Griffiths view from Anning : gift is complete when the donor has done all that is necessary for her alone to do to complete the gift – this puts it beyond the donor’s recall Griffith’s proposition implicitly recognises that the donee acquires an equitable estate or interest in the subject matter of the gift once the transaction is complete so far as the donor is concerned Deane J agrees with the majority, but proposes a slightly different test
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22 Deane J States the test for a transfer of land is twofold: 1.
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