An alteration of a Torrens system document by a registration clerk who takes what she wrongly believes to be a permissible shortcut, without appreciating the materiality of the misrepresentation to the Registrar-General, does not constitute statutory fraud under s 42 of the Real Property Act 1900 (NSW). Even where an agent commits fraud in the course of obtaining registration, the Mair principle (that a principal cannot take advantage of the fraud of his agent) requires that the benefit obtained be more than trivial and must involve a real choice by the principal — a benefit thrust upon the principal without real choice is insufficient. Claims to rectify the Torrens register must be distinguished from claims based on personal equities, and the latter require proper pleading and an offer to do equity.
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