REGISTRAR GENERAL v GILL and ANOR [1994] NSWCA 261

REGISTRAR GENERAL v GILL and ANOR [1994] NSWCA 261

The Law Society, upon granting compensation to Mrs Gill from the Fidelity Fund, was subrogated by s61 of the Legal Practitioners Act 1898 to her rights under s127 of the Real Property Act 1900 against the Registrar General, who is a 'person' within s61; therefore, the Law Society may recover from the Registrar General the amount paid out, and payment does not destroy nor extinguish those rights.

Parties
Appellant: Registrar General; Respondent: Mrs Gill; Respondent: Law Society of New South Wales
Jurisdiction
Australia
Judgment Date
16 August 1994
Procedural Posture
Appeal / Judgment of Court of Appeal on Appeal From Equity Division
Outcome
Appeal dismissed with costs
Legal Topics
Subrogation, Indefeasibility of Title, Fraudulent Solicitor, Damages Against Registrar General
Real Property Legal Profession Subrogation Indefeasibility of Title Fraudulent Solicitor Damages Against Registrar General

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Parties

Registrar General

Appellant

Mrs Gill

Respondent

Law Society of New South Wales

Respondent

Procedural Posture

Appeal / Judgment of Court of Appeal on Appeal From Equity Division

Legal Issues

  1. 1 Whether the Law Society was subrogated to Mrs Gill's claim against the Registrar General under s127 of the Real Property Act 1900 after payment from the Solicitors' Fidelity Fund
  2. 2 Whether the Registrar General is covered by s61 of the Legal Practitioners Act 1898 as 'any other person'

Ratio Decidendi

The Law Society, upon granting compensation to Mrs Gill from the Fidelity Fund, was subrogated by s61 of the Legal Practitioners Act 1898 to her rights under s127 of the Real Property Act 1900 against the Registrar General, who is a 'person' within s61; therefore, the Law Society may recover from the Registrar General the amount paid out, and payment does not destroy nor extinguish those rights.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Judgment of Young J to stand, awarding $199,378.58 to the Law Society