The statutory scheme of s 110 of the Transfer of Land Act 1958 (Vic) does not exclude Anshun estoppel from claims for indemnity against the Registrar of Titles, but the beneficial nature of the scheme, the choice it offers plaintiffs, and the costs restrictions it imposes are highly relevant to whether estoppel arises. Where a plaintiff has unsuccessfully challenged the enforceability of a fraudulently registered mortgage in a first proceeding, the Registrar cannot in a subsequent s 110 proceeding undo the plaintiff's loss by showing the mortgage is unenforceable as between the Registrar and the plaintiff. The Consumer Credit Code s 38 is unlikely to render a fraudulently obtained registered mortgage unenforceable given the importance of the doctrine of indefeasibility.
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