Fraud exception to indefeasibility considered by High Court

In brief - Joint tenant unaware of fraudulent conduct of husband

On 4 February 2015, the High Court delivered judgment in Cassegrain v Gerard Cassegrain & Co Pty Ltd [2015] HCA 2 which considered the statutory fraud exception to indefeasibility. In allowing the appeal in part, the majority of the High Court held that the applicant registered proprietor held an indefeasible title to half of the land as joint tenant even though the transaction was facilitated by her husband's fraud.

Supreme Court finds that Felicity Cassegrain holds indefeasible title

The respondent, Gerard Cassegrain & Co Pty Ltd (the company) was the registered proprietor of Torrens system land (the land) and in 1997, transferred it to the appellant, Felicity Cassegrain and her husband, Claude Cassegrain as joint tenants (the first transfer).