Westfield 5 years on

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Abstract

The 2007 High Court decision in Westfield Management Ltd v Perpetual Trustee Company Ltd dealt with significant issues relevant to the interpretation of easements using extrinsic evidence and the integrity of the Torrens title register. The decision was not entirely clear in some aspects with some issues remaining unanswered including whether there are implications for the interpretation of other registerable interests such as restrictive convenants. Five years after this decision this article considers how subsequent cases have applied the High Court's judgement allowing conclusions to be reached about the broader impact of this authority.
Original languageEnglish
Pages (from-to)166-179
Number of pages14
JournalAustralian Property Law Journal
Volume21
Issue number2
Publication statusPublished - 2012

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