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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] |
Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Torrens 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 t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council Cases On Appeal From New Zealand
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1966 In New Zealand Law
Events January * January 1 – In a coup, Colonel Jean-Bédel Bokassa takes over as military ruler of the Central African Republic, ousting President David Dacko. * January 3 – 1966 Upper Voltan coup d'état: President Maurice Yaméogo is deposed by a military coup in the Republic of Upper Volta (modern-day Burkina Faso). * January 10 ** Pakistani–Indian peace negotiations end successfully with the signing of the Tashkent Declaration, a day before the sudden death of Indian prime minister Lal Bahadur Shastri. ** Georgia House of Representatives, The House of Representatives of the US state of Georgia refuses to allow African-American representative Julian Bond to take his seat, because of his anti-war stance. ** A Commonwealth Prime Ministers' Conference convenes in Lagos, Nigeria, primarily to discuss Rhodesia. * January 12 – United States President Lyndon Johnson states that the United States should stay in South Vietnam until Communism, Communist aggression there is e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breskvar V Wall
''Breskvar v Wall'',. was an Australian court case, decided in the High Court on 13 December 1971. The case was an influential decision in property law, specifically the effect of obtaining title by registration under the Torrens title system, the application of the fraud exception to the principle of indefeasibility and whether ''Frazer v Walker''LawCite should be followed in Australia. The High Court followed ''Frazer v Walker'' in upholding that a bona fide purchaser for value without notice of the fraud obtained an effective title even though the person they purchased from was registered by fraud against the original owner. The case is best known for the succinct description of the Torrens system of registered title by Chief Justice Garfield Barwick that it "is not a system of registration of title but a system of title by registration". Facts Essentially this was a contest between two innocent parties, the Breskvars and Alban Pty Ltd in relation to the ownership of a two ... [...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] |
Land Transfer Act 1952
The Land Transfer Act 1952 is an Act of Parliament passed in New Zealand in 1952. It implements the Torrens title system of land registration. Much of it is based on the Land Transfer Act 1885 Land, also known as dry land, ground, or earth, is the solid terrestrial surface of the planet Earth that is not submerged by the ocean or other bodies of water. It makes up 29% of Earth's surface and includes the continents and various islan .... References {{Reflist External linksThe current Act as amended Statutes of New Zealand 1952 in New Zealand law [...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] |
High Court Of New Zealand
The High Court of New Zealand ( mi, Te Kōti Matua o Aotearoa) is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration of justice throughout New Zealand. There are 18 High Court locations throughout New Zealand, plus one stand-alone registry. The High Court was established in 1841. It was originally called the "Supreme Court of New Zealand", but the name was changed in 1980 to make way for the naming of an eventual new Supreme Court of New Zealand. The High Court is a court of first instance for serious criminal cases such as homicide, civil claims exceeding $350,000 and certain other civil cases. In its appellate function, the High Court hears appeals from the District Court, other lower courts and various tribunals. Composition and locations The High Court comprises the Chief Justice (who is head of the judiciary) and up to 55 other Judges (whic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pound Sterling
Sterling (abbreviation: stg; Other spelling styles, such as STG and Stg, are also seen. ISO code: GBP) is the currency of the United Kingdom and nine of its associated territories. The pound ( sign: £) is the main unit of sterling, and the word "pound" is also used to refer to the British currency generally, often qualified in international contexts as the British pound or the pound sterling. Sterling is the world's oldest currency that is still in use and that has been in continuous use since its inception. It is currently the fourth most-traded currency in the foreign exchange market, after the United States dollar, the euro, and the Japanese yen. Together with those three currencies and Renminbi, it forms the basket of currencies which calculate the value of IMF special drawing rights. As of mid-2021, sterling is also the fourth most-held reserve currency in global reserves. The Bank of England is the central bank for sterling, issuing its own banknotes, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Land Registration
Land registration is any of various systems by which matters concerning ownership, possession, or other rights in land are formally recorded (usually with a government agency or department) to provide evidence of title, facilitate transactions, and prevent unlawful disposal. The information recorded and the protection provided by land registration varies widely by jurisdiction. In common law countries, particularly in jurisdictions in the Commonwealth of Nations, when replacing the deeds registration system, title registrations are broadly classified into two basic types: the Torrens title system and the English system, a modified version of the Torrens system.Lyall, Andrew. ''Land Law in Ireland''. ; Ch. 24 Cadastral systems and land registration are both types of land recording and complement each other.Jo Henssen, BASIC PRINCIPLES OF THE MAIN CADASTRAL SYSTEMS IN THE WORLD, Implementations Americas Canada Falkland Islands The Falkland Islands registry holds copies of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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