2 Jul 2014
Respondents are entitled to costs under High Court r 14.2(a) because the applicant failed on the substantive legal issue; however the applicant's conduct did not justify an uplift to 130% under r 14.6(3)(b), so costs are awarded on a 2B basis without uplift totalling $26,133.18.
7 May 2014
The instrument submitted by the mortgagee after amendment and re-execution was a different instrument from the earlier transfer presented by the registered proprietor; because s43(6) deems the returned original instrument not to have been presented the Registrar-General had no power to register the later instrument with the earlier presentation date and the High Court therefore had no jurisdiction to order retrospective registration via mandamus or certiorari; the proceeding is struck out for want of jurisdiction.