VadeLab
AllowedSupreme Court of New South Wales·

Supreme Court Denies Registrar-General's Request to Dismiss Compensation Claim for Error in Deposited Plan

Case No.

Topics

Real Property Act 1900 (NSW)Torrens systemcompensation claim

Provisions

Real Property Act 1900 (NSW) s 129Uniform Civil Procedure Rules 2005 (NSW) r 13.4

📚 Full judgment

The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.

📄 Read the full judgment⚖️ View on the official court website ↗

⚖️ What tends to weigh in cases like this

✅ Tends to be accepted

  • The loss arose from an error in the description of the land area, not from the measurement of the land itself.
  • The term "measurement" in the statute refers to the act of measuring, not merely stating a dimension or area.
  • The error was due to transcription, not an actual measurement process.

❌ Tends to be rejected

  • The claim for compensation is barred by section 129(2)(e) of the Real Property Act 1900 (NSW) because the loss arose from an error in the measurement of land.
  • The error in the deposited plan was considered an error in the measurement of land, thus falling under the exclusion clause of the statute.
  • The inclusion of an erroneous area in the deposited plan was seen as a miscalculation in the measurement of land.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What was the dispute about?

The dispute was about whether the claimant could receive compensation for an error in a deposited plan under the Real Property Act 1900 (NSW).

What was the argument that mattered most?

The argument that mattered most was whether the error in the deposited plan was in the measurement of land, which would exclude the claim under section 129(2)(e) of the Real Property Act 1900 (NSW).

Was the decision for or against the person who brought the case?

The decision was for the person who brought the case, the claimant.

What does this mean for someone in a similar situation?

Someone in a similar situation may be able to pursue a compensation claim for an error in a deposited plan if the error is not in the measurement of land.

What evidence or documents mattered?

The judgment does not specify the exact evidence or documents that mattered.

Official source: Supreme Court of New South Wales — this page does not reproduce the decision; it links to the court's own publication. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Supreme Court of New South Wales and is reproduced from NSW Caselaw (© State of New South Wales) under its published republication policy. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.
Claimant's compensation claim for error in deposited | VadeLab