Su v Zhao's Brothers Investment Pty Ltd as trustee for the Zhao Family Trust (receiver and manager appointed)

[2026] NSWSC 842

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Land Law
2. › Torrens Title
3. › Competing unregistered interests — priority between equitable claimants
1. Land Law
2. › Torrens Title
3. › Section 43A Real Property Act 1900 (NSW) — protection against notice — constructive notice defeating protection
1. Land Law
2. › Mortgages
3. › Mortgagee power of sale — validity of exercise — s 57(2) and s 58 Real Property Act 1900 (NSW)
1. Land Law
2. › Torrens Title
3. › Injunction to restrain registration of dealings — serious question to be tried

Where two unregistered purchasers compete for priority over Torrens title land, the general equitable principle that the earlier in time prevails applies, and the later claimant bears the burden of establishing a better equity through disentitling conduct by the earlier claimant.
Section 43A of the Real Property Act 1900 (NSW) does not protect a purchaser holding an unregistered transfer who had constructive notice of a prior unregistered equitable interest — including notice obtainable from the title search annexed to the contract of sale or from communications drawing attention to existing court proceedings concerning the land.
Whether s 58(2) of the Real Property Act confers any protection on a purchaser from a mortgagee prior to registration, where the power of sale may not have validly arisen or was improperly exercised, remains unsettled; the weight of academic authority suggests it does not render the purchaser's title unimpeachable in such circumstances.