Where a party obtains registration of title to land pursuant to a court order that is subsequently set aside on appeal, the successful appellant has a restitutionary right to recover the property enforceable in personam against the registered proprietor, notwithstanding the indefeasibility provisions of the Land Title Act 1994 (Qld). The restitutionary obligation derives from the registered proprietor's own actions in acquiring title through the erroneous court orders, and its enforcement is not inconsistent with the policy of the Torrens system. The question whether unconscionability is a necessary element of every in personam claim against a registered proprietor remains contested, with the majority suggesting it is not required in the restitution context.
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