Darren v MacMahon [2012] NSWSC 761

Supreme Court New South Wales

Medium Neutral Citation: Darren v MacMahon [2012] NSWSC 761 Hearing dates: 29 June 2012 Decision date: 29 June 2012 Jurisdiction: Equity Division - Duty List Before: Stevenson J Decision: Orders made as set forth in the document called Short Minutes of Order, save that instead of order four in that document, I make the order referred to in paragraph one of the plaintiff's Notice of Motion of 13 April 2012. Catchwords: TORRENS TITLE - bankrupt estate - certificate of title - whether issue new certificates of title - practice of the Registrar-General Legislation Cited: Real Property Act 1900 Category: Principal judgment Parties: Scott Darren as trustee for the bankrupt estate of Glen MacMahon (plaintiff) Donna Maria Therese MacMahon (defendant) Representation: Counsel: B Skinner (plaintiff) Solicitors: Mason Black Lawyers (plaintiff) File Number(s): SC 2010/421824

EX TEMPORE Judgment (Revised 5 July 2012) 1This judgment should be read in conjunction with the judgment I delivered in this matter on 26 June 2012. 2This matter came before me as Duty Judge on 26 June 2012. On that occasion I gave a judgment in which I indicated (at [16]) that I would make the orders sought by the plaintiff if evidence could be adduced as to the practice of the Registrar-General following the making of an order under s 138(3)(d) of the Real Property Act 1900 ("the Act"). 3The matter was adjourned to today so that the parties could seek to obtain such evidence. 4Mr Skinner, who appears for the plaintiff now reads the Affidavit of Ms Fazio sworn 28 June 2012. Ms Fazio annexes a letter sent to the plaintiff's solicitors from the Registrar-General in which the Registrar-General states:- "The Registrar-General on receipt of an Order under s 138 of the Real Property Act 1900 ("the Act") undertakes to do the following action: 1. Cancel the old certificate of Title, Vol 14340 Fol 235; and a notation would be added advising of the cancelled edition of the Certificate of Title. 2. The Registrar-General would issue a computerised folio of the Registrar. Any prudent purchaser or mortgagee dealing with the land would conduct a title search. The search of title would disclose the current edition of the Certificate of Title." 5That intimation from the Registrar-General allays the concerns I had about the making of an order under s 138(3)(d) of the Act. 6In those circumstances, I make the orders set forth in the document called Short Minutes of Order, initialled by me and dated today and placed with the papers, save that instead of order four in that document, I make the order referred to in paragraph one of the plaintiff's Notice of Motion of 13 April 2012.