Section 71 — Conveyancing Act 1919 (NSW)

(1) A covenant, whether express, or implied under this or any other Act, and a contract by deed, and a bond or obligation by deed, made with two or more jointly, to pay money or to make a conveyance, or to do any other act, to them or for their benefit, shall be deemed to include, and shall by virtue of this Act imply, an obligation to do the act to, or for the benefit of, the survivor or survivors of them, and to or for the benefit of any other person to whom the right to sue on the covenant, contract, bond, or obligation devolves.
(2) This section applies only if and as far as a contrary intention is not expressed in the covenant, contract, bond, or obligation, and shall have effect subject to the covenant, contract, bond, or obligation, and to the provisions therein contained.
(3) This section applies only to a covenant, contract, bond, or obligation made or implied after the commencement of this Act.

Related sections

• s 69 — Application of Part 6 to land under the Real Property Act 1900
• s 70 — Benefit of covenants relating to land
• s 70A — Burden of covenants relating to land
• s 72 — Covenants etc by a person with himself or herself and another, or others
• s 73 — Implied covenants to be joint and several
• s 74 — Implied covenants may be negatived etc

Research how courts apply s 71

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.