Question
The 'overriding statute' exception to indefeasibility under the Real Property Act NSW 1919 is particularly fraught. It has been suggested that an earlier line of
The 'overriding statute' exception to indefeasibility under the Real Property Act NSW 1919 is particularly fraught. It has been suggested that an earlier line of authority tended to lean towards undermining indefeasibility, while a later line of authority has tended to uphold indefeasibility. What are the arguments in favour of each approach? How has application of the approach employed played out in practice and what effect has it had on policy? Discuss with particular reference to the Australian cases and legislative provisions on this exception to indefeasibility.
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