Federal Court of Australia
CATCHWORDS RESTRICTIVE COVENANTS - EQUITY - Owner of shopping centre also owned surplus adjoining land - owner sold shopping centre and part of surplus adjoining land - transfer of part of surplus adjoining land contained covenant restraining transferor as registered proprietor, and its successors in title as registered proprietors, from using "remaining land" for retail sale of goods, or as showrooms - applicants were subsequent sequential purchasers of remaining land and well aware of precise terms of restrictive covenant - whether second applicant bound by covenant - whether respondent as original covenantee and owner of adjoining land could enforce covenant against second applicant as assignee with notice - whether respondent's adjoining land capable of being benefited by the covenant regardless of whether covenant annexed to that land - whether covenant "touched and concerned" that land - whether covenant was annexed to either piece of land - whether on its true construction, covenant only binding on registered proprietors of remaining land - in particular whether lessees under unregistered leases would be bound by covenant. Transfer of Land Act 1893 (W.A.) ss. 4, 68, 129A, 129B Property Law Act 1969 (W.A.) ss.47, 48, 49 Tulk v. Moxhay (1848) 41 E.R. 1143 Taite v. Gosling (1879) 11 Ch. 273 Nicoll v. Fenning (1881) 19 Ch.D. 258 Mander v. Falcke [1891] 2 Ch.554 Rogers v. Hosegood [1900] 2 Ch. 388 Osborne v. Bradley [1903] 2 Ch 446 Re Nisbet and Potts' Contract [1905] 1 Ch. 391 London County Council v. Allen [1914] 3 K.B. 642 Hammond v. Prentice Bros. Ltd [1920] 1 Ch 201 Berton v. Alliance Economic Investment Co Ltd [1922] 1 KB 742 Allen v. Lawson [1926] VLR 1 Re Union of London and Smith's Bank Ltd's Conveyance (1933) Ch 611 Miles v. Easter [1933] 1 Ch. 611 Drake v. Gray [1936] Ch. 451 Newton Abbott Co-operative Society Ltd v. Williamson & Treadgold Ltd [1952] Ch 286 Lane Cove Council v. H & W Hurdis Pty Ltd (1955) 72 W.N. (N.S.W.) 284 Re Royal Victoria Pavilion (Ramsgate) [1961] 1 Ch. 581 Marten v. Flight Refuelling Ltd [1962] Ch 115
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