Agency, Fraud and TitleAuthors: Jessica Thompson and Timothy Price
On 4 February 2015, the High Court handed down judgment in Felicity Cassegrain v Gerard Cassegrain & Co Pty Ltd  HCA 2. The decision provides guidance on the operation of the fraud exception under the relevant sections of the Real Property Act 1900 (NSW) and the role of agency in attributing fraud to a principal. The judgment sounds a warning against the misuse of the concept of agency to attribute legal responsibility and in that respect is likely to be of application beyond the property context.
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