High Court of Australia
75 C.L.R.] OF AUSTRALIA. 191' sus ' {HIGH COURT OF AUSTRALIA.) ir TRAR OF TITLES . APPELLANT ;
/EFENDANT,
AND
. Responvents.
~ CROWLE AND OTHERS -. PLAINTIFFs,
ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND.
~ Real Property—Registration— Error by Registrar of Titles—Life tenant registered H.C. ov A.
for an estate in fee simple—Mortgages by life tenant—Improvements—Dealings — ~ 1947. by remaindermen with expectant shares—Assurance Fund—Claim by remain- ee Brispane,
Ke dermen—Measure of damages—Real Property Act of 1861 (9.) (25 Viet. No.
4), #8. 126, 127, 128.*
'The Real Property Act of 1861 (Q.) spar eas ey s. 126: "Any person leprived of any land or of any estate or interest in in consequence of fraud or in consequence of the issue of 'certificate of title to any other person
or in consequence of any entry in the register book or of any error or omission ¥ (E SBet bead of title or in any entry in the register book may bring and ite an action at law in the ipreme Court for the recovery of
damages against the person" who derived benefit by such frand or in
m ence of the issue of such certifi- "cate of title or by such entry or in ~ consequence of such error or omission Provided always that no such action 'shall le or be sustained unless the same
_ In consequence of an error by the Registrar of Titles, a person entitled to a Tif estate in two parcels of land with remainder to her six children was registered in 1883, under the Real Property Act of 1861, for an estate in fee simple, She mortgaged both parcels of land by duly registered bills of mort- gages to different mortgagees and erected an hotel on one piece of land. In 1902 an action was commenced by the remaindermen, three of whom were infants, against the Registrar of Titles and the life tenant.
The Court ordered
shall be commenced within six y from the date of such deprivation except nevertheless that any person being under the disability of coverture or infancy or absence from the colony or of unsoundness of mind may bring such action within
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