138Court may direct cancellation of folios and other actions related to folios

#### 138 Court may direct cancellation of folios and other actions related to folios 138 Court may direct cancellation of folios and other actions related to folios > > (1) A court may, in proceedings for the recovery of any land, estate or interest from the person registered as proprietor of the land, make ancillary orders of the kind set out in subsection (3), if the court is of the opinion that the circumstances of the case require any such order to be made. > > > (2) A court may, in proceedings in which the court makes a determination as to an estate or interest in land, make ancillary orders of the kind set out in subsection (3) if in the court’s opinion the order is needed to give effect to the court’s determination. > > > (3) A court may order the Registrar-General to do one or more of the following— > > > > > (a) cancel or amend a folio of the Register, > > > > > (b) cancel, amend or make a recording in a folio of the Register, > > > > > (c) create a new folio of the Register, > > > > > (c1) create a new edition of a computer folio. > > > > > (d) (Repealed) > > > (3A) If a court makes an order under subsection (3) (c), the Registrar-General may require a person to lodge with the Registrar-General a plan (being, where the Registrar-General so specifies, a plan of survey) of the relevant land, together with such number of copies of the plan, if any, as the Registrar-General may specify. > > > (4) The Registrar-General must give effect to any such order. > > > (5) A court that makes an order under this section may order that a person deliver an instrument to the Registrar-General for the purpose of giving effect to any such order. > > > (6) An action does not lie against the Registrar-General for recovery of damages sustained through deprivation of land, or any estate or interest in land, because of compliance by the Registrar-General with an order under this section. > > > (7) In this section— > > > > court does not include the Local Court or a tribunal. > > **s 138:** Am 1970 No 23, sec 18 (c); 1970 No 52, Second Sch; 1976 No 96, Sch 11; 1979 No 164, Sch 19 (3). Subst 1999 No 58, Sch 1 \[25\]. Am 2006 No 58, Sch 1.26 \[5\] \[6\]; 2007 No 94, Sch 2; 2021 No 10, Sch 1.1\[35\]–\[37\].