Western Australian Current Acts

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TRANSFER OF LAND ACT 1893 - SECT 203

203 .         Owner may require Commissioner or Registrar to substantiate decision before Supreme Court

        (1)         If upon the application of any owner or proprietor to have land brought under the operation of this Act or to have any dealing or transmission registered or recorded or to have any certificate of title foreclosure order or other document created, registered or issued or to have any act or duty done or performed which by this Act is required to be done or performed by the Commissioner or Registrar either of them shall refuse so to do or if such owner or proprietor shall be dissatisfied with the direction upon his application given by the Commissioner it shall be lawful for such owner or proprietor to require the Commissioner or Registrar to set forth in writing under his hand the grounds of his refusal or the grounds upon which such direction was given, and such owner or proprietor may if he think fit at his own costs summon the Commissioner or Registrar as the case may be to appear before the Supreme Court or a judge to substantiate and uphold the grounds of his refusal or of such direction as aforesaid such summons to be issued under the hand of a judge and to be served upon the Commissioner or Registrar 6 clear days at least before the day appointed for hearing the complaint of such owner or proprietor.

        (2)         Upon such hearing the Commissioner or Registrar or his counsel shall have the right of reply; and the said court or a judge may if any question of fact be involved direct an issue to be tried to decide such fact; and thereafter the said court or a judge shall make such order in the premises as the circumstances of the case may require; and the Commissioner or Registrar shall obey such order.

        (3)         All expenses attendant upon any such proceedings shall be borne and paid by the applicant or other person preferring such complaint unless the court or a judge shall certify that there was no reasonable ground for such refusal or direction as aforesaid.

        [Section 203 amended: No. 17 of 1950 s. 56; No. 81 of 1996 s. 121; No. 19 of 2010 s. 51.]



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