Hypec Electronics Pty Ltd (In Liq) v Registrar-General [2005] NSWSC 1056

Hypec Electronics Pty Ltd (In Liq) v Registrar-General [2005] NSWSC 1056

Where all possible inquiries fail to locate a certificate of title, the Court may order the issue of a fresh certificate under s 138 of the Real Property Act 1900. In cases where the certificate is held by a mortgagee, further argument is necessary to determine if plaintiff’s application for production under s 96(2) of the Conveyancing Act 1919 is appropriate.

Jurisdiction
Australia
Judgment Date
06 October 2005
Procedural Posture
Equity Proceeding / Interlocutory Orders, Part Heard Adjournment
Outcome
Order for issue of new certificate of title for one property; part-heard adjournment for balance.
Legal Topics
['torrens System' 'certificate of Title' 'section 138 Real Property Act 1900' 'section 96(2) Conveyancing Act 1919']
['conveyancing' 'property Law'] ['torrens System' 'certificate of Title' 'section 138 Real Property Act 1900' 'section 96(2) Conveyancing Act 1919']

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Procedural Posture

Equity Proceeding / Interlocutory Orders, Part Heard Adjournment

Legal Issues

  1. 1 ['Whether a new certificate of title should be issued when the original cannot be located' 'Whether an order for production of certificate of title can be made under s 96(2) of the Conveyancing Act 1919']

Ratio Decidendi

Where all possible inquiries fail to locate a certificate of title, the Court may order the issue of a fresh certificate under s 138 of the Real Property Act 1900. In cases where the certificate is held by a mortgagee, further argument is necessary to determine if plaintiff’s application for production under s 96(2) of the Conveyancing Act 1919 is appropriate.

Court Disposition

Order for issue of new certificate of title for one property; part-heard adjournment for balance.

Orders

  • ['A new certificate of title to issue in respect of the Wentworthville property under s 138 Real Property Act 1900.' 'Balance of proceedings adjourned part heard to 10am on 19 October 2005 for further argument and representation.']