REAL PROPERTY ACT 1900 - SECT 74N
Service of notices on caveators for purposes of Part
REAL PROPERTY ACT 1900 - SECT 74N
Service of notices on caveators for purposes of Part
74N Service of notices on caveators for purposes of Part
(1) Where under
this Part provision is made for the service on the caveator of a notice
relating to a caveat lodged under a provision of this Part, or to any
proceedings in respect of such a caveat, the notice is duly served if it is
served in one of the following ways--
(a) the notice is served on the caveator
personally,
(b) the notice is left at or sent by registered post to--
(i) the
address for service of notices specified in the caveat under section 74B (2)
(b) (vi) or 74F (5) (b) (viii), or
(ii) where an address has been notified to
the Registrar-General in respect of the caveat under subsection (3)--that
address or, if more than one address has been notified in respect of the
caveat under that subsection, the last of the addresses so notified,
(c) if
the caveat was signed on behalf of the caveator by an agent other than a
solicitor or licensed conveyancer--the notice is left at or sent by registered
post to the business or residential address of that agent,
(d) if the caveat
was signed on behalf of the caveator by a solicitor or licensed
conveyancer--the notice is left at or sent by registered post to the office of
the solicitor or licensed conveyancer or, if the solicitor or licensed
conveyancer maintains a box at a document exchange established in New South
Wales by a prescribed person, deposited in that box or left at another such
exchange for transmission to the first-mentioned exchange for depositing in
that box,
(e) the notice is served in such other manner, whether by
advertisement or otherwise, as the Registrar-General directs in writing,
(f)
the notice is served in such other manner as the Supreme Court, on application
being made to it, directs.
(2) Where a notice is deposited in a box referred
to in subsection (1) (d), or left at a document exchange so referred to for
transmission to another such exchange for depositing in such a box, service of
the notice shall be deemed to be effected 2 days after the day on which the
notice is so deposited or left.
(3) Where a person entitled to withdraw a
caveat lodged under a provision of this Part notifies the Registrar-General,
by lodging a notice in the approved form, that the name of the caveator or the
address for service of notice on the caveator has been changed from the name
or address specified in the caveat, the Registrar-General shall record in the
Register the name or address so notified and thereupon the name or address so
recorded shall be the name or address for the service of notices on the
caveator.
