Maclean v Registrar-General [2003] NSWSC 904

New South Wales Supreme Court

CITATION : Maclean v Registrar-General [2003] NSWSC 904 HEARING DATE(S) : 19 August 2003 JUDGMENT DATE : 3 October 2003 JURISDICTION: Equity Division JUDGMENT OF : Windeyer J at 1 DECISION : Compensation order made.

CATCHWORDS : REAL PROPERTY - claim under Torrens Assurance Fund - plaintiff purchased property in 1988 - resumption in effect from 1972 - when plaintiff purchased property no notation indicating resumption - plaintiff became aware of resumption after commencing a development of property - claim for wasted costs and additional costs LEGISLATION CITED : Real Property Act 1900, Part 14, CASES CITED : Registrar of Titles v Spencer (1909) 9 CLR 641 PARTIES : Janet Christine Maclean and Randross Investments Pty Limited (Plaintiffs) Registrar-General (Defendant) FILE NUMBER(S) : SC 4918 of 2001 COUNSEL : Mr T Hale, SC with him Mr J Kildea (Plaintiff) Mr I Wales, SC (Defendant) SOLICITORS : Ward Maxwell & Co (Plaintiff) K C Hall (Defendant)

- 8 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

WINDEYER J

FRIDAY 3 OCTOBER 2003

4918/01 MACLEAN & ANOR V REGISTRAR-GENERAL

JUDGMENT 1 The Plaintiffs, Mrs Maclean and Randross Investments Pty Ltd ("Randross") commenced proceedings in this Court on 8 October 2001 by way of Statement of Claim. They seek compensation under Part 14 of the Real Property Act 1900 for loss and damage they say they suffered because a resumption in 1972 of part of the land in folio identifier C/363484, which is situated at 285 Boomerang Drive, Pacific Palms ("the Property"), was not recorded on the Register when Mrs Maclean became the registered proprietor in 1988.