(1) Any person who
shall have sustained or shall hereafter sustain any loss or damage in or by
the exercise by the Commissioner of any of the powers conferred on him by The
Transfer of Land Act 1874 or by this Act and who shall not have been party or
privy to the application or dealing in connection with which such power was
exercised may notwithstanding the provisions of section 201 and section 205
and without prejudice to the rights (if any) of such person thereunder in the
first instance and without any obligation to pursue the remedies provided by
such sections bring an action against the State with the Registrar as nominal
defendant for recovery of damages.
(2) Where such person
shall have been party or privy to such application or dealing he shall be at
liberty to join the Registrar as a nominal co-defendant in any action brought
by him in respect of such loss or damage against any other person or persons
who shall have been party or privy to such application or dealing.
[Section 207 amended: No. 81 of 1996 s. 125; No.
19 of 2010 s. 51.]