Glensaugh P/L v The Registrar General [2001] NSWSC 1114

Glensaugh P/L v The Registrar General [2001] NSWSC 1114

The Registrar General's erroneous amendment to the Register constituted an error causing the Plaintiff to be deprived of the commercial opportunity to sell its land for development as a golf course, establishing liability under s126 of the Real Property Act 1900. The Plaintiff is entitled to damages representing the diminution in value resulting from the lost opportunity, discounted by 10% for contingencies. Damages for the cost of removing the constructed road and site restoration are denied, as the construction arose from a third party's intervening act which broke the chain of causation.

Parties
Plaintiff: Glensaugh Pty Limited; First Defendant: The Registrar General
Jurisdiction
Australia
Judgment Date
04 December 2001
Procedural Posture
Civil / Judgment
Outcome
Damages allowed.
Legal Topics
Damages Against Registrar General, Amendment of Register, Lost Opportunity to Sell Land as a Golf Course, Causation in Damages, Valuation of Loss, Error in Real Property Register
Property Law Equity Damages Against Registrar General Amendment of Register Lost Opportunity to Sell Land as a Golf Course Causation in Damages Valuation of Loss Error in Real Property Register

Case Brief

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Parties

Glensaugh Pty Limited

Plaintiff

The Registrar General

First Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Did the presence of the Crown Road prevent the sale of the property to St Andrews under the option?
  2. 2 Is the Defendant liable for the Plaintiff's lost opportunity to sell on the basis of statutory action (ss126 or 127 Real Property Act), breach of statutory duty or negligence?
  3. 3 Are damages recoverable for (a) the lost opportunity and (b) the cost of removing the existing road and restoring the site?

Ratio Decidendi

The Registrar General's erroneous amendment to the Register constituted an error causing the Plaintiff to be deprived of the commercial opportunity to sell its land for development as a golf course, establishing liability under s126 of the Real Property Act 1900. The Plaintiff is entitled to damages representing the diminution in value resulting from the lost opportunity, discounted by 10% for contingencies. Damages for the cost of removing the constructed road and site restoration are denied, as the construction arose from a third party's intervening act which broke the chain of causation.

Court Disposition

Damages allowed.

Orders

  • Parties to submit orders giving effect to the judgment within ten days.
  • Damages assessed at $315,000 for loss of the opportunity to sell as a golf course (post 10% discount).