Greens List Barristers

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.

Phone : +61 3 9225 6958

Email : dplloyd@vicbar.com.au

Chambers : Douglas Menzies Chambers

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 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 engaged in writing the second edition of Sale of Land Act Victoria and a new work on the Transfer of Land Act 1958 in conjunction with Robert Hay QC. In addition, David is writing his own work on the Property Law Act 1958


David now has over 40 years' experience in property law, 17 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.

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

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

 

Memberships & Committees

Victorian Bar

To get in touch with David Lloyd | or for more information please contact the Clerk on:

+61 3 9225 7222clerkb@greenslist.com.au

Liability limited by a scheme approved under Professional Standards legislation.