Read Laurinda Pty Lt v Capalaba Park Shopping Centre Pty Ltd(1989) 166 CLR 623 - terminationand the judgment summary attached for reference. Discuss how to apply it to specific property transactions.

Reference Material

• RPA 1900, S41 (1) No dealing, until registered in the manner provided by this Act, shall be effectual to pass any estate or interest in any land under the provisions of this Act
• S42(1)(d) - protects unregistered short-term leases (3 years or less)
• Lessor in Lease transaction required to arrange registration of Lease
• "implied term" "The implied promise by Capalaba to procure registration of an appropriate instrument was thus at the heart of the agreement. It was a promise of such importance to the promisee that it would not have entered into the contract unless it had been assured of substantial performance and this ought to have been apparent to the promisor. It answered the criterion of an essential provision."
• Breach of essential term (express or implied) entitles other party to terminate.