Saade v Registrar-General (NSW) [1993] HCA 73

Saade v Registrar-General (NSW) [1993] HCA 73

Mrs. Saade was deprived of her interest in land in consequence of fraud and by the registration of Mr. Khoury. Under s. 126(2)(b) read with s. 126(3), Mr. Saade, who forged the transfer and received the value, was to be regarded as the person upon whose application the erroneous registration was made. Because he could not be found within the jurisdiction when proceedings were commenced, s. 126(5)(b) permitted recovery from the Assurance Fund by action against the Registrar-General as nominal defendant.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court Appeal From the Court of Appeal of New South Wales
Outcome
Appeal allowed with costs.
Legal Topics
['assurance Fund' 'forged Transfer' 'erroneous Registration' 'real Property Act 1900 (n.s.w.) S. 126' 'person Who Cannot Be Found Within the Jurisdiction']
['real Property' 'torrens Title' 'statutory Compensation'] ['assurance Fund' 'forged Transfer' 'erroneous Registration' 'real Property Act 1900 (n.s.w.) S. 126' 'person Who Cannot Be Found Within the Jurisdiction']

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Procedural Posture

Appeal / High Court Appeal From the Court of Appeal of New South Wales

Legal Issues

  1. 1 ['Whether the Assurance Fund regulated under the Real Property Act 1900 (N.S.W.) was available to Mrs. Saade.' 'Whether Mrs. Saade could recover damages against the Registrar-General under s. 126 of the Real Property Act 1900 (N.S.W.).' 'Whether the registration of Mr. Khoury as proprietor following the forged transfer was an erroneous registration within s. 126(2)(b).' 'Whether Mr. Saade was to be regarded under s. 126(3) as the person upon whose application the certificate of title was issued to Mr. Khoury.' 'Whether Mr. Saade could not be found within the jurisdiction for the purposes of s. 126(5)(b), and at what time that question was to be determined.']

Ratio Decidendi

Mrs. Saade was deprived of her interest in land in consequence of fraud and by the registration of Mr. Khoury. Under s. 126(2)(b) read with s. 126(3), Mr. Saade, who forged the transfer and received the value, was to be regarded as the person upon whose application the erroneous registration was made. Because he could not be found within the jurisdiction when proceedings were commenced, s. 126(5)(b) permitted recovery from the Assurance Fund by action against the Registrar-General as nominal defendant.

Court Disposition

Appeal allowed with costs.

Orders

  • ['Set aside the order of the Court of Appeal of New South Wales.' 'In lieu thereof order that the appeal to that Court be dismissed with costs.']