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Where am I now? Lawlink > Law Reform Commission > Publications > Appendix A: Conveyancing Amendment (Rule in Pigot's Case) Bill 2000
Report 97 (2001) - The Rule in Pigot's Case
Appendix A: Conveyancing Amendment (Rule in Pigot's Case) Bill 2000
Updates and background for this project (Digest)
Draft
New South Wales
Draft Conveyancing Amendment (Rule in Pigot’s Case) Bill 2000
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The rule of law known as the Rule in Pigot’s Case (1614) 11 Co Rep 26b; 77 ER 1177) was stated by the New South Wales Court of Appeal in Farrow Mortgage Services Pty Ltd v Slade (1996) 38 NSWLR 636 at 639–640 in the following terms:
where a deed or other written contract is, after execution, materially altered without the consent of the obligor, by the obligee, or by someone else without the consent of the obligee, or by a stranger whilst it is in the obligee’s custody, the deed becomes void (or, according to some, voidable at the election of the obligor).
The Rule, which essentially is to the effect that any material alteration to a document after execution will void it, was originally laid down to prevent the physical alteration of deeds. However, the courts have attempted to modify the operation of the Rule so as to avoid its more unjust operation.
The object of this Bill is to abolish the Rule, and to provide, accordingly, that a material alteration to a deed does not, by itself, invalidate the deed or render it voidable, or otherwise affect any obligation under the deed.
This Bill gives effect to the recommendations of the Law Reform Commission in its Report dealing with the Rule in Pigot’s Case.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day to be appointed by proclamation.
Clause 3 amends the Conveyancing Act 1919 for the purposes described in the above overview.
New South Wales
Draft Conveyancing Amendment (Rule in Pigot’s Case) Bill 2000
No , 2000
A Bill for
An Act to amend the Conveyancing Act 1919 to abolish the Rule in Pigot’s Case, and for related purposes.
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Conveyancing Amendment (Rule in Pigot’s Case) Act 2000.
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Amendment of Conveyancing Act 1919 No 6
The Conveyancing Act 1919 is amended by inserting after section 183 the following section:
184 Abolition of Rule in Pigot’s Case
(1) The rule of law known as the Rule in Pigot’s Case is abolished.
(2) Accordingly, a material alteration to a deed does not, by itself, invalidate the deed or render it voidable, or otherwise affect any obligation under the deed.
(3) This section applies to and in respect of alterations made before or after the commencement of this section, but does not apply in relation to proceedings instituted before the commencement of this section.
(4) This section extends to dealings under the Real Property Act 1900.
(5) In this section, deed includes a written contract or any document evidencing a contractual intention.
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