Official Trustee in Bankruptcy v Registrar General for NSW [2006] NSWSC 236

New South Wales Supreme Court

CITATION : Official Trustee in Bankruptcy v Registrar General for NSW [2006] NSWSC 236

HEARING DATE(S) : 8 and 23 March 2006

JUDGMENT DATE : 23 March 2006

JURISDICTION : Equity

JUDGMENT OF : Hamilton J

DECISION : Issue of fresh certificate of title ordered.

CATCHWORDS : CONVEYANCING [151] - Land titles under the Torrens system - Powers of Court - New South Wales - Order for cancellation of certificate of title and issue of new certificate - Circumstances in which order made for issue of new certificate of title.

LEGISLATION CITED : Real Property Act 1900 s 138

CASES CITED : Official Trustee in Bankruptcy v Registrar General for New South Wales [2006] NSWSC 113

PARTIES : Official Trustee in Bankruptcy (P) Registrar General for NSW (D)

FILE NUMBER(S) : SC 1498/06

COUNSEL : J T Johnson (P) No appearance (D)

SOLICITORS : Sally Nash & Co (P) No appearance (D)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

HAMILTON J

THURSDAY, 23 MARCH 2006

1498/06 OFFICIAL TRUSTEE IN BANKRUPTCY v REGISTRAR GENERAL FOR NEW SOUTH WALES & ANOR JUDGMENT 1 HIS HONOUR: The circumstances of this matter up to 20 February 2006 are recorded in my judgment Official Trustee in Bankruptcy v Registrar General for New South Wales [2006] NSWSC 113 and I shall not repeat them here. The matter has been back in court on two occasions between then and today, namely, on 24 February 2006 and on 8 March 2006. On or since 20 February 2006 four steps have been taken:

(1) Stephen Vasil was joined as a defendant in the hope that this step might procure further information from him as to the whereabouts of the certificates of title. However, he has not been able to be served, despite efforts.