Trouton v Trouton

In the case of Trouton v Trouton, the plaintiff sought to challenge the validity of a Form 1 Transfer executed by the first and second defendants, which was registered with the Registrar of Titles. The plaintiff contended that the transfer was invalid due to fraud or forgery, as the enduring power of attorney under which the transfer was executed had been revoked prior to the execution of the transfer. The defendants argued that the transfer was valid and that the plaintiff had no basis for her claims. The case raised issues of indefeasibility of title, exceptions to indefeasibility, and the doctrine of part performance.

The court considered whether the Form 1 Transfer was invalid due to fraud or forgery, and whether the deficiencies in the Form 1 Transfer amounted to fraud by the registered proprietors. The court also examined the issue of whether there was an agreement for the sale and purchase of the property and whether the defendants' conduct amounted to part performance of the agreement. The court found that the plaintiff's claim was limited to establishing fraud within the meaning in s 184(3)(b) of the Land Title Act. The court further considered the onus of proof and the standard of proof required for the plaintiff to succeed in respect of the claim of fraud.

The court found that the plaintiff had failed to establish the fraud exception to indefeasibility and that the Form 1 Transfer was valid. The court held that the plaintiff's evidence was inconsistent and unreliable, and that the defendants' evidence was credible. The court further held that there was no agreement for the sale and purchase of the property and that the defendants' conduct did not amount to part performance of the agreement. The court also found that the plaintiff was liable for the repayment of the RAMS facilities secured by mortgage against the Harbut Street Property.

The court ordered that the parties provide draft agreed orders, or if orders cannot be agreed, for the provision of competing draft orders and brief submissions in support, and further submissions and any supporting material in respect of costs. The court will hear further from the parties as to the appropriate orders in light of these reasons and costs.