Section 118(1)(d) of the Real Property Act 1900 (NSW) is not confined to fraud in the administrative process of registration; it extends to fraud in the underlying transaction by which title was obtained. Where one joint tenant procures registration through fraud, the other joint tenant's title may also be defeasible, at least where the fraudulent joint tenant acted as agent for the other. A volunteer who derives title from a person registered through fraud is subject to proceedings for recovery under s 118(1)(d)(ii). The Court was divided on whether joint tenancy alone (without agency) is sufficient to impute fraud to an innocent co-tenant.
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