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8 Cards in this Set
- Front
- Back
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Equity Maximum |
The first in time prevails |
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Rice v Rice |
Whether the equities are equal |
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Justice Asher's Method |
If equities equal the 1st in time prevails 1. What unregistered interest each party has 2. Did the 2nd in time know about the 1st in time? - Yes, First in time wins No? 3. Compare equities 4. Onus on 2nd in time to prove 5. All relevant factors (caveat, conduct, knowledge) |
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Framework for indefeasibility of title |
S 62 - RP takes land free from all other interests, except in case of fraud S 63 - S 182 - Purchaser from RP not affected by notice (except if fraud) S 183 - No liability on bona fide purchaser |
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Exceptions to indefeasibility |
Fraud |
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Fraud (Wimiha Sawmilling) |
Cheating, deliberate trick, wrongdoing |
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Test of Fraud |
Whether the purchaser knew enough at time of purchase as an honest man to stop and make further enquiries? |
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Supervening Fraud |
Can you have 2 elements of fraud exist at different times |
