Maclean v Registrar-General [2003] NSWSC 904

Maclean v Registrar-General [2003] NSWSC 904

Compensation is payable under the Real Property Act 1900 where loss is suffered by reason of an omission from the register due to the Registrar-General's act or omission. Only expenses properly attributable to and proved by each plaintiff can be recovered. Items not proved as plaintiffs' expenses or paid by related...

Source-derived case information.

Parties
Plaintiff: Janet Christine Maclean; Plaintiff: Randross Investments Pty Limited; Defendant: Registrar-General
Jurisdiction
Australia
Judgment Date
03 October 2003
Procedural Posture
Civil / Judgment
Outcome
Compensation order made.
Legal Topics
Torrens Assurance Fund, Compensation for Loss by Omission on Title Register, Resumption of Land, Damages Assessment
Real Property Equity Torrens Assurance Fund Compensation for Loss by Omission on Title Register Resumption of Land Damages Assessment

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Parties

Janet Christine Maclean

Plaintiff

Randross Investments Pty Limited

Plaintiff

Registrar-General

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether plaintiffs are entitled to compensation under Part 14 of the Real Property Act 1900 for losses arising from omission of a resumption notation on the property register
  2. 2 Whether claimed damages are established and attributable to the plaintiffs

Ratio Decidendi

Compensation is payable under the Real Property Act 1900 where loss is suffered by reason of an omission from the register due to the Registrar-General's act or omission. Only expenses properly attributable to and proved by each plaintiff can be recovered. Items not proved as plaintiffs' expenses or paid by related entities are not recoverable. Randross is entitled to compensation for specific costs proved; Mrs Maclean is entitled to compensation for mortgage interest incurred due to the delay caused by the omission.

Court Disposition

Compensation order made.

Orders

  • Randross Investments Pty Limited awarded $126,378 for damages (specific heads: alteration to architectural model, wasted marketing expenses, new advertising schedule design, legal expenses).
  • Janet Christine Maclean awarded $19,250 for additional mortgage interest.