Cassegrain v. Gerard Cassegrain & Co Pty Ltd

 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