123Applicant may state case for Supreme Court

123 Applicant may state case for Supreme Court

123 Applicant may state case for Supreme Court

(1) If the Registrar-General makes any objection to the title of land the subject of—

(a) an application to bring the land under the provisions of this Act, or

(b) a possessory application,

being an objection that the applicant considers not well founded, the applicant may state a case for the opinion of the Supreme Court.

(2) The Registrar-General is entitled to appear and be heard, either personally or by a legal practitioner, at the hearing of the matter.

(3) The Supreme Court’s opinion on the stated case binds the Registrar-General in relation to the application, but does not affect—

(a) the right conferred on any person by Part 14 to make a claim against the Torrens Assurance Fund, or

(b) the right conferred on the applicant by section 122 to apply for a review of the Registrar-General’s decision on the application.

s 123: Am 1965 No 12, sec 5 (1) (e); 1970 No 23, sec 17 (b); 1970 No 52, Second Sch; 1976 No 96, Sch 12 (7); 1979 No 26, Sch 1 (11). Subst 2000 No 28, Sch 1 [12]. Am 2001 No 77, Sch 2 [6].

s 123A: Ins 1921 No 3, sec 10 (3). Am 1930 No 44, sec 42 (a); 1940 No 45, sec 2 (1) (d); 1965 No 12, sec 5 (1) (f); 1970 No 23, sec 17 (c); 1970 No 52, Second Sch; 1987 No 180, Sch 3; 1992 No 96, Sch 1 (4). Rep 2000 No 28, Sch 1 [12].