Thomas v Registrar-General of NSW [2018] NSWSC 1517

Supreme Court New South Wales

Medium Neutral Citation: Thomas v Registrar-General of NSW [2018] NSWSC 1517 Hearing dates: 23 July 2018; 19 September 2018 Date of orders: 10 October 2018 Decision date: 10 October 2018 Jurisdiction: Equity Before: Darke J Decision: Statement of Claim is dismissed with costs. Catchwords: LAND LAW – Torrens system – claim for compensation from Assurance Fund – claimant had interest as equitable mortgagee – caveat lodged – caveat withdrawn following lodgement of fraudulent withdrawal of caveat form – transfer of title to new registered proprietor – claimant alleges that loss was suffered as a result of dealings because claimant forced to sell another property – claimant fails to establish that dealings were a cause of need to sell property – no entitlement to compensation under s 129 of Real Property Act 1900 (NSW) Legislation Cited: Real Property Act 1900 (NSW), s 120, s 129 Cases Cited: Chandra v Perpetual Trustees Victoria Limited [2008] NSWSC 178 Kirkland v Quinross Pty Ltd [2008] NSWSC 286 March v E & MH Stramare Pty Ltd (1991) 171 CLR 506 Registrar-General v Behn [1980] 1 NSWLR 589 The Registrar-General (New South Wales) v Behn (1981) 148 CLR 562 Category: Principal judgment Parties: Sharon Heather Thomas (Plaintiff) Registrar-General of NSW (Defendant) Representation: Counsel: Mr I R Coleman SC with Ms L Clarke (Plaintiff) Mr H Altan (Defendant)

Solicitors: Capsanis & Co (Plaintiff) Fiona Harris, Solicitor for the Registrar-General of NSW (Defendant) File Number(s): 2016/268128 Publication restriction: None