Western Australian Current Acts Western Australian Current Acts Subject to sections 68
and 81T, no action of ejectment or other action for the recovery of any land
shall lie or be sustained against the person registered as proprietor thereof
under the provisions of this Act except in any of the following cases (that is
to say) —
(a) the
case of a mortgagee as against a mortgagor in default;
(b) the
case of an annuitant as against a grantor in default;
(c) the
case of lessor as against a lessee in default;
(d) the
case of a person deprived of any land by fraud as against the person
registered as proprietor of such land through fraud or as against a person
deriving otherwise than as a transferee bona fide for value from or through a
person so registered through fraud;
(e) the
case of a person deprived of or claiming any land included in any certificate
of title of other land by misdescription of such other land or of its
boundaries as against the registered proprietor of such other land not being a
transferee thereof bona fide for value;
(f) the
case of a registered proprietor claiming under a certificate of title prior in
date of registration under the provisions of this Act in any case in which 2
or more certificates of title or a certificate of title may be registered
under the provisions of this Act in respect of the same land,
and in any case other
than as aforesaid the production of the registered certificate of title or
lease shall be held in every court to be an absolute bar and estoppel to any
such action against the person named in such document as the proprietor or
lessee of the land therein described any rule of law or equity to the contrary
notwithstanding.
[Section 199 amended: No. 31 of 1997 s. 128; No.
19 of 2010 s. 51.]