Fraud

Question 1

Fraud

Answer 1

Forgery or dishonesty by registered owner, in acquiring a registered interest against either;
Registered owner
Owner of unregistered interest, if the registered owner had…
Knowledge of another interest
Intended to defeat the other interest

Question 2

Unregistered owner fraud

Answer 2

Look for
- Dishonest conduct
- Knowledge of unregistered interest
- Intent to defeat it by registration

Question 2

Dishonesty

Answer 2

Assets Co - wilful blindness

Waimiha Sawmilling - cheating someone out of interest, need knowledge and intention

Question 3

Registered owner fraud

Answer 3

Usually forgery taking away RO’s interest

Burmeister - knew the RO’s were being treated out of registered interest

Question 4

Satnam

Answer 4

Legal advice and proper inquiries meant no fraud
Legal advice will not always cover

Question 5

Efstratiou

Answer 5

Settled house sale to cheat wife of her equitable interest in the house

Question 6

Bunt

Answer 6

Even after legal advice, cannot ignore his own knowledge of material facts