NSW Caselaw
New South Wales Supreme Court
CITATION : Bisits v Registrar-General [2002] NSWSC 543 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 4104 of 2001 HEARING DATE(S) : 7 June 2002 JUDGMENT DATE : 20 June 2002
PARTIES : Adam Bisits, Warwick Malouf and Votraint No 540 Pty Limited (Plaintiff) Registrar-General of New South Wales (Defendant) JUDGMENT OF : Windeyer J at 1
COUNSEL : Mr R B S Macfarlan QC with him Mr I Pike (Plaintiff) Mr I Wales, SC (Defendant) SOLICITORS : Blake Dawson Waldron (Plaintiff) K C Hall (Defendant) CATCHWORDS : REAL PROPERTY - partition of land - sub-division - original portion divided by road sub-divided into two lots shown on Deposited Plan - one of the two lots divided by the road - plan lodged for registration of that lot into two lots in accordance with road division without sub-division certificate - whether sub-division plan or identification plan Conveyancing Act 1919 s7, Div 3, 3A, Conveyancing Act Regulations, 1961, Part IV LEGISLATION CITED : Conveyancing (General) Regulation 1992, s14, s19, Sch 4 Crown Lands Alienation Act 1861 s5 Interpretation Act 1987, s87 Real Property Act 1900, s37 Rapley v Martin [1865] 4 SCR 173 CASES CITED : Registrar General v Lee (1990) 19 NSWLR 240 Baalman and Wells Land Titles Office Practice 5th Ed para 131.200 Hallmann's Legal Aspect of Boundary Surveying as Apply in New South Wales 2nd Ed, E.K Ticehurst, paragraph 14.28 DECISION : See paragraph 19
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