Refina Pty Ltd v Binnie [2010] NSWCA 192

New South Wales Court of Appeal

CITATION: Refina Pty Ltd v Binnie [2010] NSWCA 192

HEARING DATE(S): 12 March 2010

JUDGMENT DATE: 11 August 2010

JUDGMENT OF: Allsop P at [1]; Campbell JA at [36]; Young JA at [37]

(1) Leave to appeal should be given. DECISION: (2) A proper notice of appeal must be filed within 7 days of this decision in the form of the draft notice in the White Book. (3) Appeal dismissed. (4) Appellant to pay the costs of the appeal.

CATCHWORDS: Appeal- Civil- no appeal as of right- area of land concerned worth under $10,000- leave to appeal given. Conveyancing- Conveyancing Act 1919, s 195H- whether appellant entitled to order requiring Registrar General to "correct error" by omitting strip from plan- whether the registered plan failed to implement the intentions of the parties who prepared and lodged the plan- where disputed strip not expressly referred to in council consent to subdivision but subsequently included in registered plan of subdivision. Real Property- Torrens title- possessory title- Real Property Act 1900, Part 6A- strip of land adjoining neighbouring properties- appellant previously entitled to make application for possessory title by reason of adverse possession for 50 years- whether possessory claim destroyed by registration of plan of subdivision consolidating contested strip into larger lot- whether the Limitation Act 1969, ss 27 and 65 apply to Torrens system land to extinguish the title of the registered proprietor and prevent the registered proprietor from obtaining ejectment against the adverse proprietor- whether appellant had personal equity against respondent in respect of disputed strip arising from possession. Words and Phrases- "error" or "omission".