New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 88G

88G Certificate of amount due

(1) Any person may apply to a prescribed authority for a certificate under this section as to the amount (if any) payable to it because of a failure to comply with a public positive covenant imposed on land under section 88D or 88E.

(2) The application for the certificate shall be made in writing and shall state the name and address of the applicant and particulars of the land in respect of which the information is required.

(3) On receipt of the application and after payment of the prescribed fee, the prescribed authority shall immediately give or post to the applicant a certificate in writing--

(a) stating the amount (if any) payable to the authority because of a failure to comply with a public positive covenant imposed on the land and particulars of how the amount is comprised or that no such amount is payable, or

(b) stating particulars of the work (if any) carried out by the authority the cost or part of the cost of which may be recovered by the authority under the covenant or that no such work has been carried out.

(4) Production of the certificate shall for all purposes be conclusive proof in favour of a purchaser in good faith and for value of the land that, at the time at which the certificate is issued--

(a) no amount other than that stated in the certificate was due or payable to the prescribed authority in respect of the land because of any such failure, and

(b) no work the cost or part of the cost of which may be recovered by the authority under the covenant other than that the particulars of which are stated in the certificate has been carried out by the authority.