REAL PROPERTY - Torrens Assurance Fund - determining market value for purposes of Real Property Act 1900 s 129A - market value to be determined based on price that a willing buyer will pay and a not unwilling vendor will accept - sale price accepted as market value
REAL PROPERTY - Torrens Assurance Fund - defences available to Registrar-General - Real Property Act 1900 s 129(2)(a) - mere causative contribution insufficient to make out defence - actual fault-based contribution required akin to contributory negligence
REAL PROPERTY - Torrens Assurance Fund - defences available to Registrar-General - Real Property Act 1900 s 129(2)(b) - whether loss compensable under policy of professional indemnity - not necessary to determine whether liability ought to be accepted by insurer - onus on Registrar-General to prove that loss would be compensable
REAL PROPERTY - Torrens Assurance Fund - statutory subrogation of Registrar-General to claimant's rights and remedies in relation to loss - operation of Real Property Act 1900 ss 133, 133A - Registrar-General only subrogated to extent of compensable loss within meaning of s 128 - Registrar-General may bring proceedings in own name - plaintiff not barred from bringing action in respect of heads of damage available beyond compensable loss
Case Details
Citation[2011] NSWSC 1386
CourtNSWSC
JurisdictionNew South Wales
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