Representation of Chapman and So [2022] JRC 138 (22 June 2022)

Representation of Chapman and So [2022] JRC 138 (22 June 2022)

Failure to register a Power of Attorney before passing a contract renders the oath and contract invalid as to the constituent; rectification cannot proceed without convening the affected party. Similarly, rectification of a Power of Attorney's scope requires convening the grantors. Intervening parties in the chain of title need not be convened as they are bound by their oaths and cannot challenge the deeds they passed.

Citation
[2022] JRC 138
Parties
Representor: Mark Wayne Chapman; Vendor: David Michael Peter McCullen Slater; Vendor: Elizabeth Mary Slater; Purchaser: Jane Birbeck; Vendor: Linda Joy Le Blancq; Vendor: Laura Joyce Hooker; Vendor: Lauren Carol De Gruchy; Representor: Mr and Mrs So; Vendor: Michael John Moretta; Vendor: Alan Albert William Harper; Vendor: Ursula Josephine Harper; Attorney: Valerie Jennifer Hutchins
Jurisdiction
Jersey
Judgment Date
22 June 2022
Procedural Posture
Representation / Interlocutory Judgment on Convening Parties
Outcome
orders to convene affected parties for rectification; adjourned for further directions
Legal Topics
Rectification of Deeds, Registration of Power of Attorney, Chain of Title, Authority to Pass Contract
Property Law Conveyancing Rectification of Deeds Registration of Power of Attorney Chain of Title Authority to Pass Contract

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Parties

Mark Wayne Chapman

Representor

David Michael Peter McCullen Slater

Vendor

Elizabeth Mary Slater

Vendor

Jane Birbeck

Purchaser

Linda Joy Le Blancq

Vendor

Laura Joyce Hooker

Vendor

Lauren Carol De Gruchy

Vendor

Mr and Mrs So

Representor

Michael John Moretta

Vendor

Alan Albert William Harper

Vendor

Ursula Josephine Harper

Vendor

Valerie Jennifer Hutchins

Attorney

Procedural Posture

Representation / Interlocutory Judgment on Convening Parties

Legal Issues

  1. 1 Whether failure to register a Power of Attorney invalidates a contract of sale
  2. 2 Whether parties in the chain of title must be convened for rectification
  3. 3 Whether a Power of Attorney can be rectified without convening the grantors

Ratio Decidendi

Failure to register a Power of Attorney before passing a contract renders the oath and contract invalid as to the constituent; rectification cannot proceed without convening the affected party. Similarly, rectification of a Power of Attorney's scope requires convening the grantors. Intervening parties in the chain of title need not be convened as they are bound by their oaths and cannot challenge the deeds they passed.

Court Disposition

orders to convene affected parties for rectification; adjourned for further directions

Orders

  • Mrs Le Blancq to be convened to the Chapman representation
  • Mr and Mrs Harper to be convened to the So representation