New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 33A

33A Delivery etc of instruments in the custody of the Registrar-General

(1) The Registrar-General:

(a) where the Registrar-General considers it proper so to do, may deliver an instrument (being a grant, certificate of title or duplicate registered dealing) in the Registrar-General’s custody to the person by whom it was lodged, or to the person’s solicitor, known agent or attorney, unless the person by whom it was lodged has given written instructions to the Registrar-General for the delivery of the instrument to some other person,

(b) where written instructions have been given as referred to in paragraph (a), shall not deliver such an instrument otherwise than in accordance with those instructions,

(c) where the Registrar-General would, but for this paragraph, be unable to determine to whom such an instrument should be delivered, may deliver it to the person the Registrar-General considers best entitled thereto.

(2) An instrument in the custody of the Registrar-General, being a grant, certificate of title or duplicate registered dealing, may be used by the Registrar-General in the course of registering a dealing affecting the land, estate or interest to which the instrument relates:

(a) if the instrument was lodged by or on behalf of the person who lodged that dealing or was lodged for the purpose of enabling that dealing to be registered, or

(b) if the Registrar-General gives to the person entitled to the instrument written notice of the Registrar-General’s intention so to use the instrument and that person does not within a time specified in the notice for the purpose, notify the Registrar-General in writing of the person’s refusal to permit the instrument so to be used.

(3) Where the Registrar-General, in a notice given pursuant to subsection (2), indicates that the Registrar-General proposes to deliver an instrument specified in the notice to a person nominated in the notice the Registrar-General may, unless the person to whom the notice is given notifies the Registrar-General before the expiration of a period specified in the notice for the purposes of this subsection that the person objects to that proposal, deliver the instrument in accordance with the proposal.

(4) Subject to subsections (4A) and (4B), for the purposes of subsections (1) (a) and (2) (a):

(a) a grant or the first certificate of title issued for land brought under the provisions of this Act pursuant to Part 3 shall be deemed to have been lodged by the grantee or the registered proprietor named therein, as the case may be, and

(b) a certificate of title shall:

(i) where it is the first certificate of title issued in respect of land for which a folio of the Register has been created under section 17 (2)-be deemed to have been lodged by the person who lodged the primary application pursuant to which the folio was created or, where the folio was created in accordance with a direction or conveyance by the primary applicant, by the person who lodged the direction or conveyance,

(ii) where it is the first certificate of title issued in respect of land for which a folio of the Register has been created under section 28B, 28C (2), 28D, 28E (2), 28EA (1) or 28T (1), (2) or (3)-be deemed to have been lodged by the person nominated by the registered proprietor named therein as entitled to take delivery thereof,

(iii) where it is the first certificate of title issued after the total or partial cancellation of a superseded certificate of title under section 33 (4)-be deemed to have been lodged by the person who, in the opinion of the Registrar-General, would have been entitled to take delivery of the superseded certificate of title had it not been cancelled wholly or partially, as the case may be,

(iv) where it is the first certificate of title issued pursuant to the grant of a possessory application-be deemed to have been lodged by the person who lodged the possessory application, and

(v) where it is issued pursuant to section 111-be deemed to have been lodged by the person who lodged the application for issue of the certificate of title.

(4A) Subject to subsection (4B), for the purposes of subsections (1) (a) and (2) (a), a grant or certificate of title referred to in subsection (4) issued in respect of land that is subject to a mortgage, charge or covenant charge shall be deemed to have been lodged by the registered proprietor of the mortgage, charge or covenant charge affecting the land over which no other mortgage, charge or covenant charge has priority.

(4B) Subsections (4) and (4A) do not apply in respect of a grant or certificate of title that has in fact been lodged with the Registrar-General.

(4C) No person shall be entitled to require delivery to himself or herself of any certificate of title that has been partially cancelled but the Registrar-General may, if the Registrar-General thinks fit so to do, deliver a partially cancelled certificate of title under subsection (1).

(5) The Registrar-General may assume, and shall be deemed always to have been entitled to assume, that a person who lodges with the Registrar-General any dealing or other document has authority from all persons claiming under, or having an interest in, the dealing or other document:

(a) to lodge it with the Registrar-General,

(b) to uplift it for amendment or to withdraw it from registration and, in either case, to give a receipt therefor,

(c) to receive requisitions, communications and notices in respect thereof, and

(d) to attend to all other matters which may arise in the course of registration thereof or in the course of any other action within the office of the Registrar-General with respect thereto.