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Seminar 1 (Final Draft), MCQ Traps, MCQ Decision Tree - Coggle Diagram
Seminar 1 (Final Draft)
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4. Knowledge and Notice
Knowledge does not matter (s47 LTA)
(purchaser knowing of trust)
(purchaser having notice of prior equitable interest) - doesn't matter... indefeasible (but dishonest).
When knowledge becomes fraud
(knowledge + dishonest scheme = fraud)
(undervalue)
(cash payments)
(bypassing safeguards)
(promises then reneging)
5. Donees and Volunteers
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Volunteer
Mahidon Nichiar v Dawood Sultan: donee / gift recipient
Volunteer gets no indefeasibility!
s46(3) LTA - only whatever previous predecessor held.
Indirectly means that only purchasers have indefeasibility.
6. Caveats (protection device, not interest)
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Removal and Compensation
s127 court may remove caveat
s128: compensation only if wrongful, vexatious, without reasonable cause
Ho Soo Fong v SCB
Test for removal =
- foreseeability
- causation
- mitigation
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MCQ Traps
- 'Knowledge defeats indefeasibility' (NEVER!)
- 'Forgery always defeats title' (NO: only if RP is party / privy)
- 'Donees are never protected' (NO: donees are protected, but the protection is subject to equities)
- 'Caveat creates interest' (NO: purely a procedure)
- 'Equitable fraud applies' (FALSE in Torrens - no longer exists)
MCQ Decision Tree
- Is X registered? (prima facie indefeasible)
- Any statutory exceptions?
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- Is claimant unregistered interest holder?
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- Is loser innocent? (Assurance Fund!
- Who is registered?
- Who is dishonest?
- Who is agent?
- Who paid value.