ACTIn ForceAct
Land Titles Act 1925
148Proprietor may summon registrar-general to show cause
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148 Proprietor may summon registrar-general to show cause
if dissatisfied
(1) If, upon the application of any proprietor to have land brought under
this Act, or to have any dealing or transmission registered or recorded,
or to have any certificate of title, foreclosure, order, instrument or
document issued, or to have any act or duty done or performed which,
by this Act or the regulations, is required to be done or performed by
the registrar-general, the registrar-general refuses so to do, or if the
proprietor is dissatisfied with the direction upon his or her application
given by the registrar-general as in the foregoing provisions of this
Act provided, the proprietor may require the registrar-general to set
forth in writing under his or her hand the grounds of his or her refusal
or the grounds upon which the direction was given, and the proprietor
may, if he or she think fit, summon the registrar-general to appear
before the court to substantiate and uphold the grounds of his or her
refusal or of the direction, as the case may be.
(2) The summons shall be issued under the hand of the judge of the court
and served upon the registrar-general 6 clear days at least before the
day appointed for hearing the complaint of the proprietor, and upon
the hearing the registrar-general or his or her legal practitioner shall
have the right of reply.
(3) The court shall, if any question of fact be involved, direct an issue to
be tried to decide the fact, and the court shall thereupon make such
order in the premises as in its judgment the circumstances of the case
require, and the registrar-general shall obey the order.