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  • Liability for Occupation Rent: 'No Fault Ouster' of a Co-Tenant

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    Galloway477380-Published.pdf (85.66Kb)
    File version
    Version of Record (VoR)
    Author(s)
    Galloway, Kathrine
    Griffith University Author(s)
    Galloway, Kate S.
    Year published
    2011
    Metadata
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    Abstract
    Before the 2009 decision in Callow v Rupchev, there were three circumstances in which an occupation fee would be payable by a co-owner to another co-owner. In Callow v Rupchev the NSW Court of Appeal found a further circumstance in which occupation rent can be claimed — cases of relationship breakdown where there is no 'attributable fault' by either party. This further ground is to be distinguished from actual ouster and constructive ouster. This article explores the context in which this decision was made, and reviews previous decisions relating to claims for occupation rent occurring within a relationship breakdown. To the ...
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    Before the 2009 decision in Callow v Rupchev, there were three circumstances in which an occupation fee would be payable by a co-owner to another co-owner. In Callow v Rupchev the NSW Court of Appeal found a further circumstance in which occupation rent can be claimed — cases of relationship breakdown where there is no 'attributable fault' by either party. This further ground is to be distinguished from actual ouster and constructive ouster. This article explores the context in which this decision was made, and reviews previous decisions relating to claims for occupation rent occurring within a relationship breakdown. To the extent that the doctrine of ouster has traditionally represented a particular understanding of the nature of an undivided proprietary interest inland, this article assesses whether this approach flags a transition in our understanding of the concept of property to mirror a more contemporary picture of society.
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    Journal Title
    Australian Property Law Journal
    Volume
    19
    Issue
    1
    Publisher URI
    https://www.lexisnexis.com.au/en/products-and-services/lexisnexis-journals/australian-property-law-journal
    Copyright Statement
    © 2010 Lexis Nexis Australia. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal website for access to the definitive, published version.
    Subject
    Law and Legal Studies
    Law
    Publication URI
    http://hdl.handle.net/10072/403570
    Collection
    • Journal articles

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