4013LAW Lecture 14: 14-Indefeasibility
24 Jul 2018
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Indefeasibility: the title of the registered proprietor is only subject to other interests recorded on the title. If you are registered, you are indefeasible and thus free from attack by adverse claims. B were the registered proprietors and got a loan from petrie, giving him their title certificate. This was a void transfer due to legislative requirements. P then fraudulently insert the name of his grandson, w, onto the transfer. W then became the registered proprietor and contracted to sell the property to alban. However, b found out and lodge a caveat to prevent the sale. The court followed frazer v walker and found that w"s title was defeasible as he was a party to fraud if he had not been a party to fraud then he would have had indefeasibility on registration. However, as w was the registered proprietor, he was able to create valid interests in the property.
