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Words: | Submitted: Mon Aug 09 2004
... McHugh J9 and Deane J10 held that ownership of the memorandum of transfer (Instrument of transfer(IT) in Queensland by virtue of s60 (1) LTA) needs to be given to the intended donee (Rowena) together with the authority to use the Certificate of Tile (CT) to procure the registration of the memorandum11. Instrument of Transfer: Ownership of the IT is an implicit requirement in Corin v Patton12 by reference to the explicit requirement13 in Cope v Keen14. Both the IT and CT are personal chattels using Cochrane v Moore15. Thus it must be determined if ownership of the IT has been given to Rowena by way of constructive delivery. Jeremy has handed the IT to their mutual friend, Fiona. She asked Fiona to hand it to Rowena's sister, Julia, so that Julia could hand it to Rowena. Like Corin v Patton16 , it is unclear if Fiona is acting as an ...
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