LAW3402 Study Guide - Final Guide: Life Estate, Constructive Notice, Australia And New Zealand Banking Group
Document Summary
Property b exam 2013 chief examiner"s feedback to students. The following notes are intended to provide detailed guidance to students on what was expected. They are not exhaustive, however, of every possibility and of every argument that was put by students sitting the exam. This question focused upon principles of immediate indefeasibility and its exceptions, in this case fraud and particularly (a) fraud of an agent and (b) an agent"s knowledge of fraud. Part (a) also raised a possible in personam issue under gosper. Pmb has an indefeasible mortgage with respect to the original mortgage for ,000. There is no issue of any fraud or other exception to indefeasibility applying to this original purchase. The bank can exercise its rights against the property for the sum secured under the original mortgage. Given that the variation has been registered, the issue is whether pmb"s rights to secure an additional.
