Agcs title held defeasible for fraud mrs de jager

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AGC’s title held defeasible for fraud. Mrs. De Jager defended. Tadgil J(?) said there was TS fraud. AGC’s agents, though knowing of no fraud, knew that the signature was falsely attested, and were thus held to be acting fraudulently (against the registrar) for allowing the falsely attested form to be lodged. GRGIC V ANZ BANKING GROUP 1. Son and daughter-in-law took along an imposter with them who was pretending to be G Snr. The bank dude signed it (which required he witnessed it AND knew the person signing it), and bank manager ok’d it. 2. G Snr was RP of land used to secure mortgage loans. G Jnr had possession of his DCT. G Jnr and wife took an imposter to the Bank and introduced him as G Snr. Bank officer witnessed imposter’s signature on mortgage, and bank manager certified the mortgage was in order. G Snr challenged the mortgage after it was reg’d 3. Why did he fail to make out fraud exception against the bank? Had to show bank officer lacked belief that it was Mr. Grgic, OR that they were reckless to this. 28
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29 Didn’t have to know them well, as the signing thing didn’t give a timeline for how long you needed to know someone before you knew them. 4. DISTINGUISHED: AGC, where the bank knew of the dodgy actions. In Grgic, they were asking in good faith. RUSSO V BENDIGO BLDG SOC 1. The Bendigo Bank got security for the mortgage, without Mrs. Russo’s consent. The daughter and son-in-law defaulted on payment. Bank sought to be paid, Mrs. Russo found out about the other stuff here. Mrs Russo’s son in law forged her signature on a mortgage. Ms Gerada, a law clerk employed by Reichman, solicitor for the bank, falsely attested the signature. Reichman lodged it for reg’n, unaware of the false attestation. When Bank sued for possession, Mrs Russo argued the mortgage was defeasible for fraud 2. Vic CA held that G’s conduct was not statutory fraud. Basically, the court held that the solicitor who took the title to be registered didn’t know of the fraud, so can’t be fraudulent. This is the case even though another solicitor (an employee of the first solicitor) knew of the fraud leading up to this, but because she wasn’t being dishonest in her own mind, and that she didn’t mean to affect Mrs. Russo, so she didn’t act fraudulently in the TS sense. Mrs. Russ had to prove affirmative evidence that the solicitors clerk had understood what she was doing and the consequences of it. NIGH ON IMPOSSIBLE!!!!!! 3. Fraud requires ‘dishonesty or want of probity, a “willful and conscious seeking to defeat or disregard another’s rights” (or at least recklessness as regards affecting such rights – per Batt JA) 4. G’s false attestation did not amount to fraud, without evidence that she understood the consequences for the registration process.
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