Westfield 5 years on

Date of this Version


Document Type

Journal Article

Publication Details

Interim status: Citation only

Weir, M. (2012). Westfield 5 years on. Australian Property Law Journal, 21(2), 166-179. ISSN: 1038-5959

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2012 HERDC Submission. FoR code: 180124

© Copyright LexisNexis, 2012




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.

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This document has been peer reviewed.