Australia Leading Case indefeasibilityforged mortgagetorrens system

Frazer v Walker

[1967] 1 AC 569 (PC)

JurisdictionAustralia

CourtPrivy Council (on appeal from the Court of Appeal of New Zealand)

Year1967

StatusPersuasive authority

Key Principle

Under the Torrens system, registration confers an immediately indefeasible title on a registered proprietor (including a mortgagee) who is not party to fraud, even where the registered instrument was forged.

Area of Law

Land & Property

Related Cases

Westfield Management Ltd v Perpetual Trustee Company Ltd [2007] HCA 45; (2007) 233 CLR 528

Black v Garnock [2007] HCA 31; (2007) 230 CLR 438

Bahr v Nicolay (No 2) [1988] HCA 16; (1988) 164 CLR 604

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