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ARTICLE · 03 MARCH 2015

The exceptions to the indefeasibility of Torrens Title

The director's fraudulent conduct meant that he had no entitlement to any part of the compensation or the property.

AustraliaReal Estate and Construction

In 1993 Gerard Cassegrain & Co Pty Ltd settled legal proceedings brought against CSIRO on the basis that it was paid the amount of $9.5 million. Entries were then made into the company's accounts to create a loan of $4.25 million owing by the company to Claude Cassegrain, one of the directors. In the court proceedings it was accepted that Claude had no entitlement to any part of the compensation and that there was never any moneys owing to him by the company.

In 1996 the company transferred a property to Claude and his wife, Felicity as joint tenants. The transfer purported to debit Claude's loan account with the company for the consideration payable.

In 1996 Claude's siblings brought oppression proceedings against him in the Federal Court. The Federal Court held that Claude's conduct in relation to recording a loan of $4.25 million and drawing down on that loan was oppressive and unfairly prejudicial to the other shareholders in the company.

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