LAW206 Study Guide - Final Guide: Declared Rare And Priority Flora List, Liquigas, False Flag
Document Summary
Schmitt obtained a transfer which was voidable because schmitt had committed the fraud of writing down the consideration as being pounds. Schmitt held that transfer, but he did actually register it he created two new interests in that land by using that transfer. An unregistered mortgage to heider and another unregistered second mortgage to a firm of solicitors. Justice isaac said the equivalent of our s 40 in denying effect to an instrument until its registration doesn"t touch the rights that are behind that instrument. Until its registered that provision won"t have any effect to cut down or merge pre-existing rights that might have led to the execution of an instrument and also follows any rights that arise out of that instrument. Chief justice griffith: said this type of argument hadn"t been accepted in over 50 years of. Caveats are very important in protecting unregistered interests. Transfer of land act 1958 - sect 90.
