AustLII Tasmanian Consolidated Acts

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LAND TITLES ACT 1980 - SECT 163

Power of Recorder to call in certificate of title, &c., in certain cases

(1)  Where it appears to the satisfaction of the Recorder that –
(a) a certificate of title, grant, or duplicate registered dealing has been issued in error or contains a misdescription of land or of boundaries;
(b) a recording has been made in error on a certificate of title, grant, or duplicate registered dealing;
(c) a certificate of title, grant, or recording in the Register has been fraudulently or wrongfully obtained;
(d) a certificate of title, grant, or duplicate registered dealing is fraudulently or wrongfully retained; or
(e) it is necessary for the Recorder to have the certificate of title, grant, or duplicate registered dealing for the purpose of registering a dealing, or of cancelling, correcting, or otherwise dealing with the certificate, grant, or duplicate, or for the purpose of inspection in case of the loss, destruction, or obliteration of a folio of the Register or registered dealing –
or the Recorder is, by this or any other Act, required or authorized to call in, or require a person to produce to the Recorder, a certificate of title, grant, or duplicate registered dealing, the Recorder may summon the person to whom that certificate, grant, or duplicate has been so issued, or by whom it has been so obtained or is retained, or who has the custody, possession, or control of it, to deliver up that certificate, grant, or duplicate for the purpose of registration, or of being cancelled, corrected, or otherwise dealt with, or inspected, as the case may require.
(2)  Where a person referred to in subsection (1) refuses or neglects to comply with a summons referred to in that subsection, the Recorder may apply to a judge to issue a summons for that person to appear before the Supreme Court and show cause why the certificate, grant, or duplicate referred to in that subsection should not be delivered up for the purpose of registration, or to be cancelled, corrected, or otherwise dealt with, or inspected, as mentioned in that subsection.
(3)  Where a person referred to in subsection (1)  –
(a) cannot be found within a reasonable time, so that the summons referred to in that subsection cannot be served upon the person; or
(b) is residing out of the State and refuses or neglects to comply with a summons referred to in that subsection –
the Recorder may, if in the Recorder’s opinion the circumstances of the case require it, act as authorized by section 35 or section 160 (5) .
(4)  If a person referred to in subsection (1) , when served with a summons referred to in subsection (2) , neglects or refuses to attend before the Supreme Court at the time appointed in the summons, the Court may issue a warrant authorizing and directing the person so summoned to be arrested and brought before the Court for examination.



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