High Court of Australia
H. ©. or A.
1930. a Avaustus Downs Pastorat Co, Lr. v. Feperat Comas- SIONER OF Taxation.
H.C. or A, Land—Priorities—Conflicting equitable titles—Transfer absolute in form—D 1929-1930.
— SypNey,
Nov, 25-29,
1929;
Mar. 28, 1930.
Knox 0.3. Isaacs,
Gavan Dufly,
Starke and Dixon JJ.
4 Cons ' Fel HBiaity 4 Ps at Pers JB. mw coe ty SRR ER (Gein se Lite, Hage sent (1993}7'VR 90 7 {HIGH COURT OF AUSTRALIA.] LAPIN AND ANOTHER . eS PLaINTIFFs, AND ABIGAIL Sere ' ' ¢ eer DEFENDANT,
HIGH COURT
Profits Tax Assessment Act 1917-1918 without recourse to provisions of sec. 2 of the War-time Profits Tax Assessment 1924-1926. Costs of this special case will be costs in the appea
Questions answered accordingly.
Solicitors for the appellant, Minter, Simpson & Co. Solicitor for the respondent, W. H. Sharwood, Commonwealth Crown Solicitor. %
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
as security only—Registration—No caveat lodged by transferor—Subsequer unregistered mortgage from registered proprietor of land to third party— evidence as to search by third party for caveats—Priority of equities—Neglig —Estoppel—Notice—Onus of proof—Real Property Act 1900 (N.S.W.) 25 of 1900), sec. 43.*
Money-lender—Solicitor—Loan transactions—Nature of transactions and ing cireumstances—Question of fact as to whether " money-lender ™- proof—Money-lenders and Infants Loans Act 1905 (N.S.W.) (No. 24 of 19 sec. 8.*
The registered proprietors of land under the Real Property Act 1900 (N.S. by transfers absolute in form and expressed to be made in consideration 0 money payment, transferred the land to the nominee of a creditor as s@
*The Real Property Act 1900 (N.S.W.) provides, by sec. 43, as follows: "Except in the case of fraud no person contracting or dealing with or taking or proposing to take a transfer from the
registered proprietor of any estate or interest shall be required o in any manner concemed to inquil ascertain the circumstances in or consideration for which such
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