8 Apr 2008
DOLLARS & SENSE FINANCE LIMITED V REREKOHU NATHAN SC 31/2007
- Citation
- DOLLARS & SENSE FINANCE LIMITED V REREKOHU NATHAN SC 31/2007
- Court
- Supreme Court
The Supreme Court held that D & S, through its solicitor's conduct and by entrusting Rodney with obtaining the title, disclosures and signatures, created an agency (including sub-agency) for the limited task of securing execution and witnessing; Rodney's forgery had a sufficiently close connection to that authorised task that it could be treated as within the scope of the agency, so the fraud is attributable to D & S for the purposes of the fraud exception to the Land Transfer Act and the mortgage is therefore defeasible and must be removed from the register.