New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 138

138 Court may direct cancellation of folios and other actions related to folios

(1) A court may, in proceedings for the recovery of any land, estate or interest from the person registered as proprietor of the land, make ancillary orders of the kind set out in subsection (3), if the court is of the opinion that the circumstances of the case require any such order to be made.

(2) A court may, in proceedings for the possession or production of a certificate of title or in proceedings in which the court makes a determination as to an estate or interest in land, make ancillary orders of the kind set out in subsection (3), if the court is of the opinion that the certificate of title has not been, or is not likely to be, produced by a person for the purposes of the registration of a dealing affecting the land concerned.

(3) A court may order the Registrar-General to do one or more of the following:

(a) cancel or amend a folio of the Register,

(b) cancel, amend or make a recording in a folio of the Register,

(c) create a new folio of the Register,

(c1) create a new edition of a computer folio,

(d) issue a new certificate of title.

(3A) If a court makes an order under subsection (3) (c), the Registrar-General may require a person to lodge with the Registrar-General a plan (being, where the Registrar-General so specifies, a plan of survey) of the relevant land, together with such number of copies of the plan, if any, as the Registrar-General may specify.

(4) The Registrar-General must give effect to any such order.

(5) A court that makes an order under this section may order that a person deliver a certificate of title or other instrument to the Registrar-General for the purpose of giving effect to any such order.

(6) An action does not lie against the Registrar-General for recovery of damages sustained through deprivation of land, or any estate or interest in land, because of compliance by the Registrar-General with an order under this section.

(7) In this section:
"court" does not include the Local Court or a tribunal.