Claims of knowing receipt or knowing assistance under Barnes v Addy do not constitute 'fraud' within the meaning of s 42 of the Real Property Act 1900 (NSW) and cannot defeat the indefeasibility of a registered proprietor's title. A personal equity capable of operating outside s 42 requires pleading of some form of acknowledgment, agreement, or undertaking by the registered proprietor in regard to the unregistered interest from which the registered proprietor later resiled. On summary dismissal, the court must consider whether there is an underlying cause of action, not merely whether one is pleaded, but repeated failure to plead a reasonable cause of action after ample opportunity supports the conclusion that none exists.
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