Knowing receipt, knowing assistance, and Torrens land

Abstract

In Turner v O'Bryan-Turner, Wendy O'Bryan-Turner held a power of attorney in respect of her husband, John Turner, who had lost capacity. In purported exercise of that power, Wendy caused several parcels of land in John's name to be transferred as gifts to herself and their children, David and Karl. The power of attorney did not authorise these transfers, which were therefore made in breach of Wendy's fiduciary duties to her husband. This meant David and Karl acquired Torrens land as a result of their mother's breach of fiduciary duty. Could they be liable in knowing receipt or knowing assistance?