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Efstratiou V Glantschnig
''Efstratiou v Glantschnig'' (1972) is an often cited New Zealand case to the limits of indefeasibility of title to land ownership, where in this case, (unlike in ''Frazer v Walker'' and ''Boyd v Mayor of Wellington'') the purchaser of the land was aware of the title fraud at the time of the purchase of the property. Background Mr H and Mrs Christine Glantschnig had a turbulent relationship. Originally married in Austria in 1955, they later moved to New Zealand in 1956. In that same year they purchased their matrimonial house at 62 Wallace Street, Wellington for the sum of $3,900, with the wife paying half the deposit of $1,000. However, despite her paying half the deposit, only the husband was listed on the property title as the registered owner. However, this still gave her an equitable ownership to the property. In 1958 the couple briefly separated, and the husband agreed to a settlement agreement in which he acknowledged he owed his wife half the deposit for the house. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of New Zealand
The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the High Court sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the High Court. It is located in Wellington. The Court and its work The President and nine other permanent appellate judges constitute the full-time working membership of the Court of Appeal. The court sits in panels of five judges and three judges, depending on the nature and wider significance of the particular case. A considerable number of three-judge cases are heard by Divisional Courts consisting of one permanent Court of Appeal judge and two High Court judges seconde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indefeasibility Of Title
Torrens title is a land registration and land transfer system, in which a state creates and maintains a register of land holdings, which serves as the conclusive evidence (termed " indefeasibility") of title of the person recorded on the register as the proprietor (owner), and of all other interests recorded on the register. Ownership of land is transferred by registration of a transfer of title, instead of by the use of deeds. The Registrar provides a Certificate of Title to the new proprietor, which is merely a copy of the related folio of the register. The main benefit of the system is to enhance certainty of title to land and to simplify dealings involving land. Its name derives from Sir Robert Richard Torrens (1814–1884), who designed, lobbied for and introduced the private member's bill which was enacted as the ''Real Property Act 1858'' in the Province of South Australia, the first version of Torrens title enacted in the world. Torrens based his proposal on many of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frazer V Walker
''Frazer v Walker'' 9671 AC 569LawCite is a landmark New Zealand court case that went to the Privy Council on appeal. The case upheld the concept that an owner of interest in land which was originally obtained from the rightful owner through fraud, still obtains an indefeasible interest in that title if they were unaware of the fraud. The case also provided a succinct definition of " indefeasibility of title" as it appears in common law and the Torrens title land registration system. Specifically, it is the "immunity from attack by adverse claim to the land or interest in respect of which he is registered, which a registered proprietor enjoys".''Frazer v Walker'' 9671 AC 569, 580. Background Mr Alan Frederick Frazer and his wife Flora Agnes Frazer, jointly were the registered owners of a dairy farm in New Zealand under the Land Transfer Act 952 In 1961 Mrs Frazer borrowed £3,000 ($121,214 in 2011 dollars) from Mr and Mrs Radomski using the jointly owned property as secu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Boyd V Mayor Of Wellington
''Boyd v. Mayor of Wellington'' 924NZLR 1174 is a leading case law in New Zealand on the concept of indefeasibility of title. Background The plaintiff in this case, Mr, Boyd, owned a parcel of land in Wellington until in 1917 the local council compulsorily acquired the land under the Public Works Act 908to build part of the Wellington tramway system. After the council was registered as the new owner of this property, it came to the plaintiff's attention that because there was an existing building on the property, the council had no legal right to acquire the property without the owner's consent. The plaintiff took legal action against the council to return the land back to his ownership. Held The court ruled in favor of the council, as the transfer was not obtained due to fraud, i.e. the council was not aware at the time that it needed the owners consent, but rather to oversight by the council, and this meant that the Wellington City Council Wellington City Council i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Austria
Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous city and state. A landlocked country, Austria is bordered by Germany to the northwest, the Czech Republic to the north, Slovakia to the northeast, Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the west. The country occupies an area of and has a population of 9 million. Austria emerged from the remnants of the Eastern and Hungarian March at the end of the first millennium. Originally a margraviate of Bavaria, it developed into a duchy of the Holy Roman Empire in 1156 and was later made an archduchy in 1453. In the 16th century, Vienna began serving as the empire's administrative capital and Austria thus became the heartland of the Habsburg monarchy. After the dissolution of the H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wellington
Wellington ( mi, Te Whanganui-a-Tara or ) is the capital city of New Zealand. It is located at the south-western tip of the North Island, between Cook Strait and the Remutaka Range. Wellington is the second-largest city in New Zealand by metro area, and is the administrative centre of the Wellington Region. It is the world's southernmost capital of a sovereign state. Wellington features a temperate maritime climate, and is the world's windiest city by average wind speed. Legends recount that Kupe discovered and explored the region in about the 10th century, with initial settlement by Māori iwi such as Rangitāne and Muaūpoko. The disruptions of the Musket Wars led to them being overwhelmed by northern iwi such as Te Āti Awa by the early 19th century. Wellington's current form was originally designed by Captain William Mein Smith, the first Surveyor General for Edward Wakefield's New Zealand Company, in 1840. The Wellington urban area, which only includes urbanised ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Zealand Dollar
The New Zealand dollar ( mi, tāra o Aotearoa; sign: $, NZ$; code: NZD) is the official currency and legal tender of New Zealand, the Cook Islands, Niue, the Ross Dependency, Tokelau, and a British territory, the Pitcairn Islands. Within New Zealand, it is almost always abbreviated with the dollar sign ($). "$NZ" or "NZ$" are sometimes used when necessary to distinguish it from other dollar-denominated currencies. Introduced in 1967, the dollar is subdivided into 100 cents. Altogether it has five coins and five banknotes with the smallest being the 10-cent coin; smaller denominations have been discontinued due to inflation and production costs. In the context of currency trading, the New Zealand dollar is sometimes informally called the "Kiwi" or "Kiwi dollar", since the flightless bird, the Kiwi (bird), kiwi, is depicted on its New Zealand one-dollar coin, one-dollar coin. It is the tenth most traded currency in the world, representing 2.1% of global foreign exchange marke ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); '' Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. D ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indefeasibility Of Title
Torrens title is a land registration and land transfer system, in which a state creates and maintains a register of land holdings, which serves as the conclusive evidence (termed " indefeasibility") of title of the person recorded on the register as the proprietor (owner), and of all other interests recorded on the register. Ownership of land is transferred by registration of a transfer of title, instead of by the use of deeds. The Registrar provides a Certificate of Title to the new proprietor, which is merely a copy of the related folio of the register. The main benefit of the system is to enhance certainty of title to land and to simplify dealings involving land. Its name derives from Sir Robert Richard Torrens (1814–1884), who designed, lobbied for and introduced the private member's bill which was enacted as the ''Real Property Act 1858'' in the Province of South Australia, the first version of Torrens title enacted in the world. Torrens based his proposal on many of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of New Zealand Cases
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1972 In New Zealand Law
Year 197 ( CXCVII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Magius and Rufinus (or, less frequently, year 950 ''Ab urbe condita''). The denomination 197 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * February 19 – Battle of Lugdunum: Emperor Septimius Severus defeats the self-proclaimed emperor Clodius Albinus at Lugdunum (modern Lyon). Albinus commits suicide; legionaries sack the town. * Septimius Severus returns to Rome and has about 30 of Albinus's supporters in the Senate executed. After his victory he declares himself the adopted son of the late Marcus Aurelius. * Septimius Severus forms new naval units, manning all the triremes in Italy with heavily armed troops for war in the East. His soldiers embark on an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1972 In Case Law
Year 197 ( CXCVII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Magius and Rufinus (or, less frequently, year 950 '' Ab urbe condita''). The denomination 197 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * February 19 – Battle of Lugdunum: Emperor Septimius Severus defeats the self-proclaimed emperor Clodius Albinus at Lugdunum (modern Lyon). Albinus commits suicide; legionaries sack the town. * Septimius Severus returns to Rome and has about 30 of Albinus's supporters in the Senate executed. After his victory he declares himself the adopted son of the late Marcus Aurelius. * Septimius Severus forms new naval units, manning all the triremes in Italy with heavily armed troops for war in the East. His soldiers embark ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
