Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) Any person deprived of land or of any interest in land—
(a) in consequence of fraud; or
(b) through the bringing of the land under this Act; or
(c) by the registration of any other person as proprietor of the land or interest; or
(d) in consequence of any error, omission or misdescription in any grant or in any entry or memorial in the register;
may bring and prosecute an action for the recovery of damages.
(2) The action shall, in any case in which the land has been included in 2 or more grants, be brought and prosecuted against the Territory.
(3) The action shall in any other case, but subject to subsections (4) and (5), be brought and prosecuted against the person—
(a) upon whose application the land was brought under this Act; or
(b) upon whose application the erroneous registration was made; or
(c) who acquired title to the interest in question through the fraud, error, omission or misdescription.
(4) In every case in which the fraud, error, omission or misdescription occurs upon a transfer for value, the transferor receiving the value shall be regarded as the person upon whose application the transfer was made to the transferee.
(5) Except in the case of fraud or of error occasioned by any omission, misrepresentation or misdescription in his or her application, or in any instrument executed by him or her, the person upon whose application the land was brought under this Act, or the erroneous registration was made, shall, upon a transfer of the land bona fide for value, cease to be liable for the payment of any damages which might have been recovered from him or her under this section.