Lopez v The Office of the Registrar General and anor. [2020] NSWSC 1816

Supreme Court New South Wales

Medium Neutral Citation: Lopez v The Office of the Registrar General and anor. [2020] NSWSC 1816 Hearing dates: 14 December 2020 Date of orders: 14 December 2020 Decision date: 14 December 2020 Jurisdiction: Common Law Before: Bellew J Decision: (1) The proceedings are dismissed. (2) The plaintiff is to pay the defendants' costs of the proceedings as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE – Application for summary dismissal – Where plaintiff brought proceedings arising from a refusal of the first defendant to pay compensation from the Torrens Assurance Fund – Where cause of action arose from an unregistered sub-lease – Where there was no loss or damage arising as a result of the operation of the Real Property Act 1900 (NSW) – Compensation not payable – Proceedings dismissed WORDS AND PHRASES – "Operation of the Act" Legislation Cited: Real Property Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Dey v Victorian Railways Commissioners [1949] 78 CLR 62; [1949] HCA 1 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] 112 CLR 125; [1964] HCA 69 Perpetual Trustees Victoria v Cipri [2009] NSWSC 335 Category: Procedural and other rulings Parties: Jose Antonio Ponce Garcia Lopez – Plaintiff The Office of the Registrar of General – First Defendant Stephen Prent – Second Defendant Representation: Counsel: Self – Plaintiff L A Walsh – Defendants