New South Wales Consolidated Acts

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REAL PROPERTY ACT 1900 - SECT 136

Wrongful retention of certain instruments

136 Wrongful retention of certain instruments

(1) Where the Registrar-General is satisfied that:
(a) a certificate of title has been issued in error or contains any misdescription of land or of boundaries,
(b) a recording has been made in error in the Register,
(c) a certificate of title or recording in the Register has been fraudulently or wrongfully obtained, or
(d) a certificate of title or duplicate registered dealing is fraudulently or wrongfully retained:
or where the possessory applicant has pursuant to a possessory application made by the possessory applicant become registered as the proprietor of an estate or interest in land comprised in a folio of the Register for which a certificate of title has been issued, the Registrar-General may by notice in writing to the person to whom the certificate of title or duplicate registered dealing, as the case may be, has been issued, or by whom it has been so obtained or is retained, or by whom any certificate of title or duplicate registered dealing showing any such recording is held, require such person to deliver up the certificate of title or duplicate registered dealing, as the case may be, for the purpose of it being cancelled or corrected, as the case may require.
(2) If such person:
(a) cannot be found for the giving of such notice of requirement, or
(b) having been given such notice does not comply with the requirement:
the Registrar-General may, if the Registrar-General thinks fit, commence proceedings against such person in the Supreme Court for an order that such person deliver up the certificate of title or duplicate registered dealing, as the case may be, for the purpose of it being cancelled or corrected, as the case may require.
(3) The Court may order that service upon the defendant of the originating process and of all other documents in the proceedings be dispensed with.
(4) Subject to the Supreme Court Act 1970 , the Court shall not order that service upon the defendant be dispensed with unless the Court is satisfied that:
(a) the defendant cannot be found in New South Wales, or
(b) it is uncertain whether the defendant is living.
(5) The Court may order the personal attendance before it of the defendant.
(6) Upon the personal appearance before the Court of the defendant the Court may examine the defendant upon oath.
(7) The Court may order the defendant to deliver up to the Registrar-General, within such time as the Court may fix, the certificate of title or duplicate registered dealing, as the case may be.



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