The Queensland government’s attempt to keep from having to give a couple who lost their home after it was fraudulently sold to them lose $2.7 million has failed.
The decision made today by the Brisbane Court of Appeal might put an end to the nearly six-year struggle that Gold Coast couple Jess and Jackie Morecroft went through when they lost their dream home that they had just bought because it was covertly involved in a family battle between the original owners.
Outside of court, Mr. Morecroft described the outcome as “unbelievable,” while Ms. Morecroft expressed her extreme relief.
“It’s been such a long six years and to have the original decision confirmed unanimously was just enormous,” said Ms Morecroft.
In March 2018, the three-bedroom home in the Gold Coast neighbourhood of Mermaid Beach was purchased by the Morecrofts for $1.265 million at a mortgagee auction.
Upon attempting to transfer the ownership of the property to themselves, the Morecrofts discovered that the owner had placed a caveat on it, stating that the house had been “fraudulently mortgaged by criminals”.
In February 2023, the Morecrofts were granted $2,751,666.32 by Supreme Court Justice Lincoln Crowley as damages for their breach of contract.
Under a part of the Land Titles Act that protects those “deprived of an interest in a lot” in situations like fraud or faulty titles, Crowley determined that the Queensland government was obligated to make compensation payments.
The state government said that the other parties in the case were accountable for any damages and that the Morecrofts’ stake in the house had never existed, so absolving them of any need to provide compensation throughout the court proceedings.
The government claimed the Morecrofts were not entitled to compensation under the Land Titles Act and filed an appeal to have the award for compensation dismissed in May 2023.
Today, the government was compelled to reimburse the Morecrofts for their fees, and the appeal was denied. The High Court may hear an appeal on behalf of the government.
