Western Australian Current Acts

TRANSFER OF LAND ACT 1893 - SECT 205

205 .         Actions for damages may in some cases be brought against Registrar as nominal defendant

        (1)         Any person sustaining loss through any omission mistake or misfeasance of the Registrar or any other officer or clerk in the execution of their respective duties under the provisions of this Act or by any error omission or misdescription in any certificate of title or any entry or memorandum in the Register or by the registration of any other person as proprietor and who by the provisions of this Act is barred from bringing an action of ejectment or other action for the recovery of land estate or interest may in any case in which the remedy by action for recovery of damages as herein provided is inapplicable bring an action against the State with the Registrar as nominal defendant for recovery of damages.

        (2)         In estimating those damages however the value of all buildings and other improvements erected or made subsequently to the loss or deprivation shall be excluded.

        [Section 205 amended: No. 81 of 1996 s. 123 and 145(1); No. 19 of 2010 s. 51.]