Six-Year Ordeal Ends: Morecrofts Reclaim $2.7 Million From Government in Landmark Land Title Case

Tuesday, 20 February 2024

"It's been such a long six years," said Jackie Morecroft, visibly relieved after the court's ruling. "To have the original decision confirmed unanimously was just enormous."

The Morecrofts' nightmare started in March 2018 when they purchased the three-bedroom house through a mortgagee auction for $1.265 million. However, their hopes of happily ever after were dashed when they discovered a caveat placed on the property by the original owner, claiming it had been illegally mortgaged.

Despite their rightful claim, the Morecrofts faced an uphill battle against the state government, which denied liability and argued they never had a valid interest in the house. However, Justice Lincoln Crowley ruled in favour of the couple in February 2023, awarding them compensation under the Land Titles Act, which protects individuals from fraudulent property transactions.

The government's attempt to overturn this decision through an appeal proved unsuccessful. The court dismissed their arguments and ordered them to pay the full compensation amount, along with the Morecrofts' legal costs. While the government still holds the option to appeal to the High Court, the current ruling signifies a significant victory for the couple who were victims of a complex and harrowing ordeal.

This case highlights the importance of consumer protection in property transactions and the potential consequences for authorities who fail to uphold their responsibilities. The Morecrofts' story serves as a stark reminder of the emotional and financial toll fraud can take, but also offers a glimmer of hope for those seeking justice in similar situations.

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