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Waller v Davies - [2005] 3 NZLR 814

$30.00

High Court Wellington
CIV 2003-404-6843
29, 30 November; 1, 2, 3, 17, 20 December 2004; 24 March 2005
Harrison J
Property law — Indefeasibility of title — Whether original owners retained equitable interest before registration of mortgages — Whether solicitor acted fraudulently in registering mortgages — Whether solicitor’s fraudulent act could be imputed to mortgagees — Land Transfer Act 1952, ss 62 and 182.
Agency — Duty of disclosure — Whether knowledge of solicitor imputed to principal — Knowledge acquired when acting as agent for another party on related transaction.
Law practitioners — Solicitors as agents — Whether and when knowledge of solicitor to be imputed to client — Whether and when knowledge of solicitor to be imputed to nominee company of which solicitor is director.

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