Is indefeasibility of title a bar to restitution after reversal of a judgment on appeal?

Christensen, Sharon A. & Duncan, William D. (2005) Is indefeasibility of title a bar to restitution after reversal of a judgment on appeal? Australian Property Law Journal, 11(2), pp. 81-89.

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Abstract

The majority judgment of the Queensland Court of Appeal in White v Tomasel1 raises serious, and to this point unlitigated, issues concerning the application of the in personam exception to a claim for restitution of title after the reversal of a judgment on appeal. This article respectfully ventures to suggest that the majority of the Court have erred in suggesting that the otherwise indefeasible title of a buyer, registered pursuant to a court order, set aside on appeal, can be disturbed and, that the minority member of the Court was correct in holding that the right to restitution of the title to registered land in those circumstances did not fit within the in personam exception to indefeasibility.

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ID Code: 18767
Item Type: Journal Article
Refereed: Yes
ISSN: 1038-5959
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2005 LexisNexis Butterworths
Deposited On: 13 Mar 2009 06:58
Last Modified: 29 Feb 2012 13:15

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