A joint tenant has no recognised cause of action at law or equity to prevent unilateral severance of the joint tenancy, because the interest is inherently subject to a liability of severance under s 97 of the Real Property Act 1900 (NSW). Accordingly, the in personam exception to indefeasibility cannot be invoked merely because the instrument of severance was executed without proper authority. The backdating of a power of attorney does not constitute fraud within s 42 where the backdating had no legal significance for the exercise of the power after registration. The question whether the in personam exception requires unconscionability beyond a recognised cause of action was left open but the Court signalled that the only question may be whether the cause of action is inconsistent with the Real Property Act.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
4 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.