120Proceedings for compensation

120 Proceedings for compensation

120 Proceedings for compensation

(1) Any person who suffers loss or damage as a result of the operation of this Act in respect of any land, where the loss or damage arises from—

(a) fraud, or

(b) any error, misdescription or omission in the Register, or

(c) the land being brought under the provisions of this Act, or

(d) the registration (otherwise than under section 45E) of some other person as proprietor of the land, estate or interest,

may commence proceedings in the Supreme Court for the recovery of damages.

(2) Such proceedings may be taken only—

(a) against the person whose acts or omissions have given rise to the loss or damage referred to in subsection (1), or

(b) against the Registrar-General.

(3) Proceedings against the Registrar-General are to be taken in accordance with Part 14.

Note.

Proceedings cannot be taken under this section against the authorised operator. Proceedings for an act or omission of the authorised operator can instead be taken against the Registrar-General. See section 15 (Liability of authorised operator for compensation) of the Land and Property Information NSW (Authorised Transaction) Act 2016.

s 120: Am 1906 No 9, Sch; 1940 No 45, sec 2 (1) (c); 1970 No 23, sec 16 (b). Rep 1989 No 15, Sch 1 (6). Ins 2000 No 28, Sch 1 [12]. Am 2009 No 17, Sch 1 [8] [9]; 2016 No 46, Sch 4.4 [44].