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)
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.
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)