David Lloyd
- Bar :
1997 | - Admitted :
1980
David has a well-established practice in the field of property law, spanning nearly 30 years at the Bar and some 15 years as a solicitor before that.
Phone : +61 3 9225 6958
Email : dplloyd@vicbar.com.au
Chambers : Owen Dixon Chambers West, Room 822, 205 William Street, Melbourne VIC 3000
Expertise
Banking and Finance
Contractual Disputes
Real Property
Profile
David has a well-established practice in the field of property law, spanning nearly 30 years at the Bar and some 15 years as a solicitor before that. Over the years, he has undertaken work for the State and Federal Governments, the Registrar of Titles and the ANZ Bank, and appeared in all Victorian courts.
He was 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, and has written many articles for the Law Institute Journal. He was an author of the 2008 edition of the standard Contract of sale of land co-published by the Law Institute of Victoria and the Real Estate Institute of Victoria, which in its current iteration is widely and regularly used throughout Victoria for sale of land transactions.
He is a co-author of Sale of Land Act Victoria, the 2nd Edition of which was published in 2023 by Thomson Reuters, and Victorian Land Contracts, published in 2020 also by Thomson Reuters. A second edition of Victorian Land Contracts is expected to be published in the second half of 2025, to coincide with the release of a new edition of the standard Contract of sale of land. Two further works are nearing completion: Transfer of Land Act Victoria and Property Law Act Victoria, each being a commentary on the relevant legislation.
Selected Cases
Supreme Court
Sorbara v Prochilo [2022] VSC 146 - easement by lost modern grant
Zwierlein v Coelho [2021] VSC 451 - restrictive covenant modification
Foudoulis v O'Donnell [2020] VSC 246 - restrictive covenant modification
Anto v Pegoraro [2020] VSC 76 - restrictive covenant modification
Re Young [2019] VSC 755 - restrictive covenant modification
Taylor v Taylor [2019] VSC 533 - promissory estoppel and equitable compensation
Re CLC Property Group Pty Ltd [2019] VSC 492 - restrictive covenant modification
Re Tang [2019] VSC 467 - restrictive covenant modification
Xu v Natarelli [2018] VSC 759 - determining beneficiaries of restrictive covenants; building schemes; Property Law Act section 56
ITMA by Tu and Yew [2018] VSC 738 - restrictive covenant modification
Sutherland v Globe Real Estate Pty Ltd [2018] VSC 408 - costs & interest on judgment sum
Kotsifas v Parente [2016] VSC 833 - validity of rescission notice; repudiation; relief from forfeiture of deposit
Re Jonson [2016] VSC 721 – modification of restrictive covenant
Re Morihovitis [2016] VSC 684 – modification of restrictive covenant
Stoops v Lefas [2016] VSC 350 - abuse of process; interpretation of covenant
Re PJLJ Pty Ltd [2015] VSC 401 – modification of restrictive covenant
Perpetual Trustees Victoria Ltd v Xiao [2015] VSC 21 – indefeasibility of title/ forged mortgage/ Tsai defence
De Amicis v Mattiuzzo [2013] VSC 733 - time of the essence of a contract; time period in notice of default
Putt v Perfect Builders Pty Ltd [2013] VSC 600 - abuse of process/ res judicata & issue estoppel
Freilich v Wharton [2013] VSC 533 – modification of restrictive covenant
Putt v Perfect Builders Pty Ltd [2013] VSC 442 - subject to finance condition
Perpetual Trustees Victoria Limited v Xiao [2012] VSC 65 – application to set aside judgment
Perpetual Trustees Victoria Limited v Xiao [2011] VSC 680 - adjournment of trial
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
Holland v Roperti [2009] VSC 378 - specific performance of sale of land contract
Graham v Gameday Enterprises Pty Ltd [2008] VSC 140 - caveat removal
V K & M R Leong Nominees Pty Ltd v Batur [2003] VSC 17 – equitable set-off under leases
VCAT
The Bay and Bridge Hotel Pty Ltd v Ventofond Pty Ltd [2018] VCAT 1489 - setting aside rental determination
Johnson v Surf Coast Shire Council [2011] VCAT 495 – valuation of land
AAMR Hospitality Group Pty Ltd v Goodpar Pty Ltd [2009] VCAT 2782 – assignment of retail lease
Bretair Pty Ltd v Lenro Properties Pty Ltd [2004] VCAT 1141 – rental valuation and disregard of improvements
Barfly’s Nominees Pty Ltd v Manthos [2003] VCAT 1941 – lease repair covenant and set-off against rent
Rogalski v Bedelis Investments Pty Ltd (2001) V ConvR 58- 562 – termination of retail lease
County Court
Callea v Wenfang [2022] VCC 508 - rescission under s 32K of the Sale of Land Act 1962
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
Coleston v Carney [2019] VCC 177 - assessment of damages for breach of sale of land contract
McDonald v Bowen & Pomeroy Pty Ltd [2011] VCC 979 – priority of competing equitable interests
Histon Pty Ltd v. Thurau Pty Ltd [2010] VCC 2014 – construction of lease
Supreme Court - Court of Appeal
Taylor v Taylor [2021] VSCA 352 - extension of time application; compensation for promissory estoppel
Apriaden Pty Ltd v Seacrest Pty Ltd (2005) 12 VR 319 – application of the doctrine of repudiation to leases
Publications
- Sale of Land Act Victoria, 2nd Edition, Thomson Reuters 2023
- Victorian Land Contracts, Thomson Reuters 2020
To get in touch with David Lloyd | or for more information please contact the Clerk on:
+61 3 9225 7222
clerkb@greenslist.com.au