REGISTRAR GENERAL v SAADE [1992] NSWCA 206

REGISTRAR GENERAL v SAADE [1992] NSWCA 206

No order can be made against the Registrar General under s127 as Mrs Saade retained an actionable right under s126 to claim against Mr Khoury; the right was not extinguished or rendered inapplicable by estoppel or prior orders.

Parties
Appellant: Registrar General; Respondent: Mrs Saade; Solicitor for Appellant: HK ROBERTS - CROWN SOLICITOR; Solicitor for Respondent: GORDON L BEARD AND McDONALD; Party: Mr Khoury; Party: Mr Saade; Party: Mr Poppert
Jurisdiction
Australia
Judgment Date
18 June 1992
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed.
Legal Topics
Assurance Fund, Estoppel, Fraud, Damages, Statutory Remedies
Real Property Assurance Fund Estoppel Fraud Damages Statutory Remedies

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Parties

Registrar General

Appellant

Mrs Saade

Respondent

HK ROBERTS - CROWN SOLICITOR

Solicitor for Appellant

GORDON L BEARD AND McDONALD

Solicitor for Respondent

Mr Khoury

Party

Mr Saade

Party

Mr Poppert

Party

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Registrar General is liable under s127 of the Real Property Act 1900 when a right to sue another remains under s126.
  2. 2 Whether estoppel operates to bar Mrs Saade from pursuing a claim under s126 against Mr Khoury, thereby making a claim against the assurance fund possible.

Ratio Decidendi

No order can be made against the Registrar General under s127 as Mrs Saade retained an actionable right under s126 to claim against Mr Khoury; the right was not extinguished or rendered inapplicable by estoppel or prior orders.

Court Disposition

Appeal allowed.

Orders

  • The judgment and orders of the Court below, so far as they affect the appellant, be set aside.
  • In lieu thereof, judgment be entered in the proceedings in favour of the appellant.