Sahab Holdings Pty Limited v Registrar-General & Anor [2009] NSWSC 1143

Sahab Holdings Pty Limited v Registrar-General & Anor [2009] NSWSC 1143

A person who is legally affected by a Registrar-General's decision under the Real Property Act 1900 (NSW) is entitled to request reasons for that decision, even if they became affected after the decision was made; the duty to provide reasons under s121(2) is express and enforceable by s65 Supreme Court Act 1970. The Registrar-General cannot maintain a submitting appearance under UCPR r 6.11 when actively opposing relief and should file a proper appearance under UCPR r 6.9.

Parties
Plaintiff: Sahab Holdings Pty Limited; First Defendant: Registrar-General; Second Defendant: Castle Constructions Pty Limited
Jurisdiction
Australia
Judgment Date
26 October 2009
Procedural Posture
Review of Administrative Decision / Interlocutory Motion; Orders on Motion
Outcome
Motion granted; orders made for Registrar-General to provide reasons, to file a proper appearance, and timetable for supplementary submissions; costs reserved.
Legal Topics
Restrictive Covenants, Right of Way, Judicial Review of Registrar General's Decision, Standing Under Real Property Act, Provision of Reasons for Administrative Decisions
Real Property Administrative Law Restrictive Covenants Right of Way Judicial Review of Registrar General's Decision Standing Under Real Property Act Provision of Reasons for Administrative Decisions

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Parties

Sahab Holdings Pty Limited

Plaintiff

Registrar-General

First Defendant

Castle Constructions Pty Limited

Second Defendant

Procedural Posture

Review of Administrative Decision / Interlocutory Motion; Orders on Motion

Legal Issues

  1. 1 Is Sahab Holdings Pty Limited entitled to reasons for the Registrar-General's 2001 decision removing covenants and right of way from the register?
  2. 2 Does s121 Real Property Act 1900 require the Registrar-General to provide reasons to persons dissatisfied with a past decision, even if they were not a registered proprietor at the time?
  3. 3 Is the Registrar-General entitled to maintain a submitting appearance under UCPR r 6.11 given adversarial conduct?

Ratio Decidendi

A person who is legally affected by a Registrar-General's decision under the Real Property Act 1900 (NSW) is entitled to request reasons for that decision, even if they became affected after the decision was made; the duty to provide reasons under s121(2) is express and enforceable by s65 Supreme Court Act 1970. The Registrar-General cannot maintain a submitting appearance under UCPR r 6.11 when actively opposing relief and should file a proper appearance under UCPR r 6.9.

Court Disposition

Motion granted; orders made for Registrar-General to provide reasons, to file a proper appearance, and timetable for supplementary submissions; costs reserved.

Orders

  • Order the first defendant to file an appearance in accordance with UCPR r 6.9 within 14 days.
  • Order the first defendant to provide the plaintiff with reasons for the 2001 decision within 21 days.