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Singapore
Leading Case
indefeasibilitymortgagee conductregistered landin personam exception
Ho Kon Kim v Lim Gek Kim Betsy and others and another appeal
[2001] SGCA 62; [2001] 3 SLR(R) 220 (candidate had neutral citation [2001] SGCA 64 and report [2001] 2 SLR(R) 604, both incorrect; the substantive landmark on constructive trust v indefeasibility — the 'Equity Trumps the Torrens System' decision — is the [2001] SGCA 62 / [2001] 3 SLR(R) 220 / [2001] 4 SLR 340 judgment)
Key Principle
A registered mortgagee may be bound, by reason of its own conduct, by an equitable interest it has acknowledged or to which it has agreed to take subject; indefeasibility does not defeat an in personam claim founded on the proprietor's conscience.
Area of Law
Land & Property
Related Cases
Lim Chin San Contractors Pte Ltd v Shiok Kim Seng [2013] SGCA 6; [2013] 2 SLR 279 (candidate report [2013] 2 SLR 689 was wrong on the page number; the Court of Appeal decision is reported at [2013] 2 SLR 279, as cited in [2017] SGHC 200 and multiple academic sources)