Hypec Electronics Pty Ltd (In Liq) v Registrar-General [2005] NSWSC 1213

Reported Decision : 64 NSWLR 679

New South Wales Supreme Court

CITATION : Hypec Electronics Pty Ltd (In Liq) v Registrar-General [2005] NSWSC 1213

HEARING DATE(S) : 19 October and 1 November 2005

JUDGMENT DATE : 30 November 2005

JURISDICTION : Equity

JUDGMENT OF : Hamilton J

DECISION : Plaintiff not entitled under s 96(2) of the Conveyancing Act 1919 to have certificate of title held by a mortgagee lodged at the Registrar General's office to allow registration of transfer to the plaintiff of the fee simple in property.

CATCHWORDS : CONVEYANCING [197] – Land titles under Torrens system – Instruments generally – Powers and duties of Registrar as to registration – Securing production of necessary documents – Person in whose favour a declaration of trust and order for transfer of properties – Whether such person entitled to require production of certificate of title held by mortgagee to permit registration of transfers - STATUTES [21] - Acts of Parliament - Interpretation - Rules of construction - Where meaning ambiguous or uncertain - Presumptions as to legislative intention - Not to alienate vested proprietary interests or subvert common law or equitable rights - General principle - Necessity for clear language.

Conveyancing Act 1919 s 96(2) Conveyancing and Law of Property Act 1881 (UK) s 16 Law of Property Act 1925 (UK) s 96 Property Law Act 1958 (Vic) s 96 LEGISLATION CITED : Property Law Act 1974 (Qld) s 80 Real Property Act 1900 s 138 Transfer of Land Act 1890 (Vic) s 134 Transfer of Land Act 1958 (Vic) s 86 Transfer of Land Act 1893 (WA) s 127