Full Court Minute Books

Case S141/2014

 

Cassegrain v. Gerard Cassegrain & Co Pty Ltd

 

Case No.

 S141/2014

 Case Information

 Lower Court Judgment

 18/12/2013 Supreme Court of New South Wales (Court of Appeal) (Beazley P, Basten JA, Macfarlan JA)

 [2013] NSWCA 453

 Catchwords

 Property law - Indefeasibility of title - Fraud exception - Real Property Act 1900 (NSW), ss 42 and 118 - Appellant's husband (Mr Cassegrain) was director of respondent company and acted fraudulently by utilising credit balance in company loan account to purchase property - Property was transferred from respondent company to Mr Cassegrain and appellant - Mr Cassegrain later transferred his interest in property to appellant for nominal consideration - Whether Mr Cassegrain was appellant's agent in relation to giving instructions for execution of Real Property Act transfers and lodgement of registration of transfers - the appellant's title was defeasible because Mr Cassegrain acted as the appellant's agent - Whether appellant's title was defeasible because Mr Cassegrain and the appellant were joint tenants - Whether because of Mr Cassegrain's conduct, the appellant's interest as sole registered proprietor of land was defeasible pursuant to section 118(1)(d) of Act.

Short Particulars

Documents

 20/06/2014 Hearing (SLA, Sydney)

 03/07/2014 Notice of appeal

 25/07/2014 Written submissions (Appellant)

 25/07/2014 Chronology (Appellant)

 15/08/2014 Written submissions (Respondent)

 29/08/2014 Reply

07/11/2014 Further written submissions (Appellant)

13/11/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

04/02/2015 Judgment (Judgment summary)

 

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