Publication Type

Journal Article

Version

submittedVersion

Publication Date

6-2019

Abstract

Where misdirected trust asset consists of, or becomes invested in,registered land, whether the beneficiary could recover it from the recipient isdoubtful given that the Torrens system, through the principle ofindefeasibility, effects a substantial reversal of the priority rules under thegeneral law. The key to unravelling the seemingly contradictory cases on thistopic is to be sensitive to the diversity in drafting and interpretation of thedifferent Torrens legislations, with particular focus on whether the principleof indefeasibility also protects registered volunteers. Through a comparative studyof the Torrens jurisdictions in Australia and Singapore, this article highlightshow the position differs from jurisdiction to jurisdiction and makes suggestionson how the interests of the competing parties may be best balanced.

Discipline

Contracts | Jurisdiction

Research Areas

Private Law

Publication

Journal of Equity

Volume

13

First Page

1

Last Page

22

ISSN

1833-2137

Publisher

LexisNexis

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