Section 145 — Land Transfer Act 1952: Lapse of caveat against dealings

145 Lapse of caveat against dealings (1) Every caveat under section 137 , upon the expiration of the first prescribed period after notice is given to the caveator that an application has been made for the registration of any instrument affecting the land, estate, or interest protected by the caveat, is deemed to have lapsed as to that land, estate, or interest, or so much of it as is referred to in the notice, unless— (a) notice is, within the first prescribed period, given to the Registrar that an application for an order to the contrary has been made to the High Court; and (b) such an order is made and served on the Registrar within the second prescribed period. (2) The provisions of subsection (1) do not apply in the case of a caveat lodged by the Registrar in the exercise of any of the powers conferred on the Registrar by this Act. (3) In this section, first prescribed period and second prescribed period are periods prescribed for the purposes of this section by regulations made under this Act. Section 145 was amended, as from 29 September 1961, by section 6 Land Transfer Amendment Act 1961 (1961 No 9) by substituting the expression “ 28 days ” for the expression “ 14 days ” . The words “ High Court ” were substituted, as from 1 April 1980, for the words “ Supreme Court ” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124). Section 145 was amended, as from 26 August 2002, by section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11) by substituting the words “ the first prescribed period ” for the expression “ 14 days ” in both places where it appears. The word “ the ” has been omitted from the second substitution to ensure that the provision makes sense. See clause 2 Land Transfer (Computer Registers And Electronic Lodgement) Amendment Act Commencement Order 2002 (SR 2002/216). Section 145 was amended, as from 26 August 2002, by section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11) by substituting the words “ the second prescribed period ” for the words “ a further period of 28 days ” . See clause 2 Land Transfer (Computer Registers And Electronic Lodgement) Amendment Act Commencement Order 2002 (SR 2002/216). Section 145 was substituted, as from 17 May 2005, by section 15 Land Transfer Amendment Act 2005 (2005 No 58).