000 01351cam a2200217 4500
001 ABS63345
008 000000n2000 000 0 eng u
035 _a(Sirsi) u110307
245 _aDean v Dean and others
260 _c2000
490 _aProperty and Compensation Reports
_v80(5) 2000, 457-465(9)
520 _aCA 15 June 2000. A property purchased by D was given to the care of a Gibraltar company. Subsequently the wife of D and others fraudulently had the property transferred to a different company. On discovering the fraud, D claimed damages against the defendants and also an indemnity from the Chief Land Registrar, the fifth defendant, under the Land Registration Act 1925 s83. The judge applied the 'but for' argument and decided that D had failed to take proper care of his property. The appeal was allowed as it was decided that the judge was wrong to have applied the 'but for' test in this case - it would not be sufficient for ascertaining whether the failures of D were the sole cause of his loss or whether the fraud was a contributory cause of the loss. Held, appeal allowed.
590 _aABS
650 _aLAND REGISTRATION ACT 1925 S83
650 _aFRAUD
650 _aLAND REGISTRATION
650 _aProperty management
_96262
650 _aINDEMNITY
690 _aPROPERTY AND LAND LAW-CASE LAW
942 _n0
999 _c65782
_d65782