New South Wales Consolidated Acts New South Wales Consolidated ActsIn the application of section 164 of the Conveyancing Act 1919 for the purposes of this Act, a registrable interest is considered to be within a person’s own knowledge or to have come to a person’s knowledge if:
(a) the person has actual knowledge of the registrable interest, or
(b) the person has been put upon inquiry as to the existence of the registrable interest and has deliberately abstained from inquiry or further inquiry when the person might reasonably have expected the inquiry or further inquiry to reveal the registrable interest.
Note: Section 9 provides that in certain circumstances if goods are purchased without notice of an interest in the goods the interest is extinguished by the purchase. Sections 3 (3), 3A and 8 (3) and (4) provide for what constitutes a purchase without notice.
Section 3 (3) provides (through the application of section 164 of the Conveyancing Act 1919 ), that a person is only without notice of an interest if the interest is not within the person’s own knowledge and would not have been discovered by searches of registers, inquires and inspections that ought reasonably have been made by the person.
Section 3A expands (beyond actual knowledge) what constitutes a person’s own knowledge to include matters about which the person has been put upon inquiry if the person has deliberately abstained from inquiry or further inquiry that might reasonably have been expected to reveal the matter.
Section 8 (4) limits the effect of section 3 (3) by providing that the Register of Interests in Goods kept under this Act is the only register that need be searched.
Section 8 (3) further provides that a search of the Register can be made by obtaining a search certificate and that the certificate can be relied on until the end of the day after it is obtained.