New South Wales Consolidated Acts

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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.
(4) To avoid doubt, section 77 of the Interpretation Act 1987 does not apply to this section.



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