QLDQCA
Elroa Nominees Pty Ltd v Registrar of Titles & Ors [2003] QCA 165
[2003] QCA 165
Court of Appeal (Qld)|2003-04-24|Before: Williams and Jerrard JJA and Muir JSeparate reasons, for judgment of each member of the Court, each concurring as to the orders, made
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Source factsCourt
Court of Appeal (Qld)
Decision date
2003-04-24
Before
Williams and Jerrard JJA and Muir JSeparate reasons, for judgment of each member of the Court, each concurring as to the orders, made
Catchwords
- CONVEYANCING – LAND TITLES UNDER THE TORRENS SYSTEM –
- INDEFEASIBILITY OF TITLE: CERTIFICATE AS EVIDENCE – CERTIFICATE
- AS
- CONCLUSIVE EVIDENCE – OF TITLE OF REGISTERED PROPRIETOR – where Deed
Source
Original judgment source is linked above.
Catchwords
CONVEYANCING – LAND TITLES UNDER THE TORRENS SYSTEM –INDEFEASIBILITY OF TITLE: CERTIFICATE AS EVIDENCE – CERTIFICATEASCONCLUSIVE EVIDENCE – OF TITLE OF REGISTERED PROPRIETOR – where Deedof Grant made and re-survey of land conducted– whether re-surveysubdivided freehold land and created new Lots – whether Deed of Grantdefective due to descriptionof land in the registerHarbours Act1955 (Qld), s 77Land Title Act 1994 (Qld), s 37, s 38, s 46, s 179, s 182,s 184Attorney-General v Reeve (1885) 1 TLR 675, citedBeames vLeader [2000] 1 Qd R 347, citedBreskvar v Wall (1971)126 CLR 376, appliedBrighton & Hove General Gas Company v HoveBungalows Ltd [1924] 1 Ch 372, citedButcher v Lachlan ElderRealty [2002] NSWCA 237, citedColgate-Palmolive Co v Cussons PtyLtd [1993] FCA 536(1993) 46 FCR 225, citedSouthern Centre of Theosophy Inc v SouthAustralia [1982] AC 706, citedState of Queensland v Beames [2001]