Power Outage due to Earthquake!
Please be advised that due to the todays earthquake our reception/phone lines are offline.
We hope to have this issue resolved ASAP.
Could please email all requests to clerkb@greenslist.com.au or if your matter is urgent please call Brett Bowker on 0412 867 355 or Luke Hales on 0410 490 377.
Thanks for your understanding at this time and apologies for the inconvenience.
David Lloyd Bar : 1997| Admitted : 1980
David has a well-established practice in the field of property law. He has undertaken work for the State and Federal Governments, the Registrar of Titles and the ANZ Bank.
Profile
David has a well-established practice in the field of property law. He has undertaken work for the State and Federal Governments, the Registrar of Titles and the ANZ Bank.
He now has close to 45 years' experience in property law, about a third of them as a solicitor. He has been a member of the Property Committee of the Law Institute of Victoria for over 20 years and has spoken at numerous seminars organised by the Law Institute of Victoria and the Leo Cussen Institute, amongst others. He has written many articles for the Law Institute Journal and has been an author of the Contract of sale of land co-published by the Law Institute of Victoria and the Real Estate Institute of Victoria since 2008.
David and William Rimmer are the authors of Sale of Land Act Victoria, published by Thompson Reuters in October 2015 and Victorian Land Contracts, published by Thompson Reuters in July 2020. They are currently writing the second edition of Sale of Land Act Victoria with a view to publication in late 2023, and a new work on the Transfer of Land Act 1958 in conjunction with Robert Hay KC. In addition, David is engaged in writing his own work on the Property Law Act 1958.
Selected Cases
Rogalski v Bedelis Investments Pty Ltd (2001) V ConvR 58- 562 – termination of retail lease
V K & M R Leong Nominees Pty Ltd v Batur [2003] VSC 17 – equitable set-off under leases
Apriaden Pty Ltd v Seacrest Pty Ltd (2005) 12 VR 319 – application of the doctrine of repudiation to leases
AAMR Hospitality Group Pty Ltd v Goodpar Pty Ltd [2009] VCAT 2782 – assignment of retail lease
Histon Pty Ltd v. Thurau Pty Ltd [2010] VCC 2014 – construction of lease
Ottedin Investments Pty Ltd v Portbury Developments Co Pty Ltd (2011) 35 VR 1 - terms contracts for the sale of land - waiver of statutory avoidance rights & summary judgment
McDonald v Bowen & Pomeroy Pty Ltd [2011] VCC 979 – priority of competing equitable interests
Putt v Perfect Builders Pty Ltd [2013] VSC 442 - subject to finance condition
Putt v Perfect Builders Pty Ltd [2013] VSC 600 - abuse of process/ res judicata & issue estoppel
Perpetual Trustees Victoria Ltd v Xiao [2015] VSC 21 – indefeasibility of title/ forged mortgage/ Tsai defence
Stoops v Lefas [2016] VSC 350 - abuse of process; interpretation of covenant
Re Jonson [2016] VSC 721 – modification of restrictive covenant
Sutherland v Globe Real Estate Pty Ltd [2018] VSC 408 - costs & interest on judgment sum
ITMA by Tu and Yew [2018] VSC 738 - restrictive covenant modification
Coleston v Carney [2019] VCC 177 - assessment of damages for breach of sale of land contract
Re CLC Property Group Pty Ltd [2019] VSC 492 - restrictive covenant modification
Re Young [2019] VSC 755 - restrictive covenant modification
Foudoulis v O'Donnell [2020] VSC 246 - restrictive covenant modification
607 Sunbury Road Pty Ltd v Melbourne Linh Son Buddhist Society Inc [2021] VCC 1762 - nomination under sale of land contract amounting to terms contract
Sorbara v Prochilo [2022] VSC 146 - easement by lost modern grant
Barfly’s Nominees Pty Ltd v Manthos [2003] VCAT 1941 – lease repair covenant and set-off against rent
Bretair Pty Ltd v Lenro Properties Pty Ltd [2004] VCAT 1141 – rental valuation and disregard of improvements
Graham v Gameday Enterprises Pty Ltd [2008] VSC 140 - caveat removal
Holland v Roperti [2009] VSC 378 - specific performance of sale of land contract
Johnson v Surf Coast Shire Council [2011] VCAT 495 – valuation of land
Perpetual Trustees Victoria Limited v Xiao [2011] VSC 680 - adjournment of trial
Perpetual Trustees Victoria Limited v Xiao [2012] VSC 65 – application to set aside judgment
Freilich v Wharton [2013] VSC 533 – modification of restrictive covenant
De Amicis v Mattiuzzo [2013] VSC 733 - time of the essence of a contract; time period in notice of default
Re PJLJ Pty Ltd [2015] VSC 401 – modification of restrictive covenant
Re Morihovitis [2016] VSC 684 – modification of restrictive covenant
Kotsifas v Parente [2016] VSC 833 - validity of rescission notice; repudiation; relief from forfeiture of deposit
The Bay and Bridge Hotel Pty Ltd v Ventofond Pty Ltd [2018] VCAT 1489 - setting aside rental determination
Xu v Natarelli [2018] VSC 759 - determining beneficiaries of restrictive covenants; building schemes; Property Law Act section 56
Re Tang [2019] VSC 467 - restrictive covenant modification
Taylor v Taylor [2019] VSC 533 - promissory estoppel and equitable compensation
Anto v Pegoraro [2020] VSC 76 - restrictive covenant modification
Zwierlein v Coelho [2021] VSC 451 - restrictive covenant modification
Taylor v Taylor [2021] VSCA 352 - extension of time application; compensation for promissory estoppel
Callea v Wenfang [2022] VCC 508 - rescission under s 32K of the Sale of Land Act 1962
Memberships & Committees
To get in touch with David Lloyd | or for more information please contact the Clerk on:
+61 3 9225 7222clerkb@greenslist.com.auLiability limited by a scheme approved under Professional Standards legislation.
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ExpertiseCommercial Law | Environmental Law & Planning Law | Equity & Trusts Law | Property Law | Wills & Estates Law | ProfileDavid has a well-established practice in the field of property law. He has undertaken work for the State and Federal Governments, the Registrar of Titles and the ANZ Bank. He now has close to 45 years' experience in property law, about a third of them as a solicitor. He has been a member of the Property Committee of the Law Institute of Victoria for over 20 years and has spoken at numerous seminars organised by the Law Institute of Victoria and the Leo Cussen Institute, amongst others. He has written many articles for the Law Institute Journal and has been an author of the Contract of sale of land co-published by the Law Institute of Victoria and the Real Estate Institute of Victoria since 2008. David and William Rimmer are the authors of Sale of Land Act Victoria, published by Thompson Reuters in October 2015 and Victorian Land Contracts, published by Thompson Reuters in July 2020. They are currently writing the second edition of Sale of Land Act Victoria with a view to publication in late 2023, and a new work on the Transfer of Land Act 1958 in conjunction with Robert Hay KC. In addition, David is engaged in writing his own work on the Property Law Act 1958.
Recent Cases |
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To get in touch with David Lloyd | or for more information please contact the Clerk on:
Liability limited by a scheme approved under Professional Standards legislation. |
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