Western Australian Current Acts Western Australian Current Acts Upon the appearance
before the court or a judge of any person summoned or brought up by virtue of
a warrant under section 76(1) or (2) it shall be lawful for the court or judge
to examine such person upon oath and (in case the same shall seem proper) to
order such person to deliver up such duplicate certificate of title or
instrument as aforesaid; and upon refusal or neglect by such person to deliver
up the same pursuant to such order to commit such person to gaol until such
duplicate certificate or instrument shall be delivered up; and in such case or
in case such person cannot be found so that a requisition and summons may be
served upon him under section 76(1) or (2) —
(a) the
Commissioner may (if the circumstances of the case require it and subject to
paragraph (b)) direct the Registrar to issue to the proprietor of the land; or
(b) the
court or a judge may, upon the application of the Registrar or any other
interested person, order the Registrar to issue to such person as the court or
judge directs,
such duplicate
certificate of title as can be issued in the case of any duplicate certificate
of title being lost or destroyed and the Registrar shall enter in the Register
on the relevant certificate of title notice of the issuing of such duplicate
certificate and the circumstances under which the same was issued and
thereupon the duplicate certificate so refused or neglected to be delivered up
as aforesaid shall be deemed for all purposes to be null and void.
[Section 77 amended: No. 81 of 1996 s. 50.]