Thomas v Registrar-General of New South Wales [2019] NSWCA 198

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Thomas v Registrar-General of New South Wales [2019] NSWCA 198 Hearing dates: 2 August 2019 Date of orders: 14 August 2019 Decision date: 14 August 2019 Before: Bell P at [1]; Leeming JA at [53]; Emmett AJA at [54] Decision: Appeal dismissed with costs Catchwords: LAND LAW – Torrens system – claim for compensation from Torrens Assurance Fund – claimant had interest as equitable mortgagee – caveat lodged – caveat withdrawn following lodgement of fraudulent withdrawal of caveat form – transfer of title to new registered proprietor – claimant alleged that loss was suffered as a result of dealings because claimant forced to sell another property – claimant failed 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), Pt 14, ss 129, 130, 131, 132 Cases Cited: Dr Shanahan v Jatese Pty Ltd [2019] NSWCA 113 Searle v Commonwealth of Australia [2019] NSWCA 127 Category: Principal judgment Parties: Sharen Heather Thomas (Appellant) Registrar-General of New South Wales (Respondent) Representation: Counsel: E W Young (Appellant) H Altan (Respondent) Solicitors: J P Capsanis & Co Lawyers (Appellant) Department of Finance, Services & Innovation (Office of the Registrar-General) (Respondent) File Number(s): 2018/339138 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Division Citation: [2018] NSWSC 1517 Date of Decision: 10 October 2018 Before: Darke J File Number(s): 2016/268128