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27 Found helpful • 7 Pages • Essays / Projects • Year: Pre-2021 • Previously uploaded under: LAW316 - Property Law
In the hypothetical situation, Kevin and Joanne were the registered joint tenants of the property. Kevin fraudulently transferred the property to Carla without Joanne’s knowledge. Although Kevin’s fraud cannot be imputed to her by virtue of them being joint tenants, Joanne has no option for recourse. As occurred similarly in Breskvar v Wall , once the blank transfer was signed and registered and passed to a third party, registration granted indefeasibility of title. This cured the blank transfer of its defects, and the property passed to Carla. A number of transactions take place after this, and the ensuing issues concern indefeasibility, equitable mortgages, protection under s 43A of the Real Property Act 1900 (NSW) and various priority disputes.
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