Sinclair v Registrar-General

[2010] NSWSC 173

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. LIMITATION OF ACTIONS - limitation of particular actions - actions to recover money recoverable by virtue of an enactment - claim for compensation under Real Property Act 1900 s 129(1) - accrual of cause of action under Limitation Act 1969 s 14(1)(d) - extension or postponement of limitation periods - mistake under Limitation Act 1969 s 56(1) - where defendant mistakenly removed caveat from Register
1. REAL PROPERTY - Torrens Title - caveats against dealings - who may lodge and what interest sufficient - registered proprietor consenting to caveat - where caveat provided for transfer of land to plaintiffs contingent on an event which had not occurred and might never occur

A claim for statutory compensation under s 129(1)(c) of the Real Property Act 1900 is a cause of action to recover money by virtue of an enactment (s 14(1)(d) Limitation Act 1969), and the cause of action accrues when the plaintiff's interest is defeated by registration of a new proprietor, not when a subsequent purchaser refuses to honour the original agreement.
Section 56(1) of the Limitation Act 1969 (mistake) is not available to extend the limitation period for a statutory compensation claim under the Real Property Act where the relevant mistake is that of the defendant (the Registrar-General), not the plaintiff; the provision is narrow and the mistake must be the plaintiff's own mistake that led to the cause of action.
A conditional contract for transfer of land contingent on a future event (here, council approval of subdivision without a public access requirement) can give rise to a caveatable interest, following Troncone v Aliperti and the approach in Legione v Hateley, even where specific performance is not immediately available.