Philip Brelsford and 3 others (Appellants) v Providence Estate Ltd and another (Respondents) (Montserrat)

Philip Brelsford and 3 others (Appellants) v Providence Estate Ltd and another (Respondents) (Montserrat)

The registration of the appellants as proprietors was made by mistake because the dispositions were void, and the appellants, by failing to conduct due diligence or verify Mr Cassell's authority, substantially contributed to the mistake by their neglect. Therefore, the respondents are entitled to rectification of the register under section 140 of the RLA 2008.

Citation
[2022] UKPC 46
Parties
Appellants: Philip Brelsford and 3 others; First Respondent: Providence Estate Ltd; Second Respondent: Owen Rooney
Jurisdiction
United Kingdom
Judgment Date
01 December 2022
Procedural Posture
Civil Appeal / Final Appeal to the Judicial Committee of the Privy Council From the Court of Appeal of the Eastern Caribbean Supreme Court (montserrat)
Outcome
Appeal dismissed; cross-appeal allowed
Legal Topics
Torrens System, Rectification of Land Register, Constructive Notice, Bona Fide Purchaser, Mistake in Registration, Company Law—authority of Directors, Constructive Trust
Property Law Land Registration Equity Torrens System Rectification of Land Register Constructive Notice Bona Fide Purchaser Mistake in Registration +2 more

Case Brief

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Parties

Philip Brelsford and 3 others

Appellants

Providence Estate Ltd

First Respondent

Owen Rooney

Second Respondent

Procedural Posture

Civil Appeal / Final Appeal to the Judicial Committee of the Privy Council From the Court of Appeal of the Eastern Caribbean Supreme Court (montserrat)

Legal Issues

  1. 1 Whether the registration of the appellants as proprietors was made by mistake under section 140 of the Registered Land Act, Cap 8:01 (Montserrat)
  2. 2 Whether the appellants caused or substantially contributed to the mistake by their act, neglect or default
  3. 3 Whether the register should be rectified to restore Providence Estate Ltd as proprietor

Ratio Decidendi

The registration of the appellants as proprietors was made by mistake because the dispositions were void, and the appellants, by failing to conduct due diligence or verify Mr Cassell's authority, substantially contributed to the mistake by their neglect. Therefore, the respondents are entitled to rectification of the register under section 140 of the RLA 2008.

Court Disposition

Appeal dismissed; cross-appeal allowed

Orders

  • The register is to be rectified by removing the appellants as proprietors and substituting Providence Estate Ltd as registered proprietor of the parcels of land in issue.