The stamps act qld stated that transfer of docs were

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was only meant to do anything unless there was a default. The Stamps Act QLD stated that transfer of docs were void if the name of the transferee had not been written in the transfer at the time that the document is executed. P fraudulently inserted his grandson’s name as the transferee. Walt was considered to be affected because P was acting as his agent. Walt then entered into a K of sale with Alban who was unaware of the fraud. The Breskvar discovered the fraud and lodged a caveat over the property to block Alban’s transfer. B then instituted proceedings seeking declarations that the transfer was security only, and not effective to transfer. They sought a declaration under the Stamps Act because it was blank as to transferee. B argued that Walt had no title and therefore had nothing to sell to Alban (nemo dat). They assert that the instrument was void because of the Stamps Act. They argued that they had no title because Walt’s agent had been fraudulent. Then Alban had no interest in the land. In the alternative, B argued that even if they had an interest (equitable fee simple SE K) then their interest should still prevail. They had a right to have the fraudulent transaction set aside. Barwick (and OwenJ) J: Conclusiveness of the register and CoT is definitive of title of the registered proprietor. Immediate indefeasibility by registration. The fact that there are exceptions to indefeasibility does not make that title effective. Registered proprietor remains liable for personal liabilities. Torrens system is not a syststem of registration of title it is a system of title by registration. Regardless of the fact that it is void or the reason why it is void. He cites provisions of the Act which suggest that Walt is liable to be divested of his interest under an exception, but that does not mean that he has no interest at all. It is the title which registration itself has vested in the proprietor. They did not prevent Walt from having title. [SEE MISSED MONDAY 27/8 LECTURE] We need actual fraud not constructive and equitable fraud. Words in Assets Case. Butler v Fairclough – actual fraud means personal dishonesty or moral turpitude. 26
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S43 of the TLA – a purchaser is not required to look behind the register to investigate the circumstances in which the purchaser took title. - Knowledge of a prior equitable interest does not amount to fraud. Usop entered into negotiations for the sale of land. During negs it became clear that USOP would not sign a transfer until PSR’s agent signed a doc that stated that LOCU and SWK’s land was not included in the sale. PSR’s agent signed a doc saying that “as regards the LOCU and SWK land I shall have to make my own arrangements ”. Held: The intent of the agent was to give the impression that PSR was going to buy the other parcels of land separately. They would not disturb the possession of the land by the other 2 parties until that had been done. This undertaking was false. The entire transfer was obtained by fraud in false representation.
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