TRANSFER OF LAND ACT 1893 - SECT 196

TRANSFER OF LAND ACT 1893 - SECT 196

196 .         State not liable in certain cases

        (1)         The State shall not under any circumstances be liable for compensation for any loss damage or deprivation occasioned by any breach by a registered proprietor of any trust, whether express or implied or constructive, or by the improper exercise of any power of sale expressed or implied in any mortgage or encumbrance; in any case in which the same land may have been included in 2 or more grants from the Crown or transfers of Crown land in fee simple; nor shall the State be liable in any case in which loss or deprivation has been occasioned by any land being included in the same certificate of title with other land through misdescription of boundaries or parcels of any land unless in the case last aforesaid it shall be proved that the person liable for compensation and damages is dead or has absconded or has been adjudged bankrupt or the sheriff shall certify that such person is unable to pay the full amount awarded in any action for recovery of such compensation and damages.

        (1A)         Any amount paid by the State under section 201 on account of any person who may have absconded may be recovered by the State from such person by action in the name of the Registrar at any time thereafter if such person shall be found within the jurisdiction of the Supreme Court.

        (1B)         The State shall be liable for such amounts only as the sheriff shall fail to recover from the person liable as aforesaid.

        (2)         The State shall not be liable for compensation for any loss, damage or deprivation occasioned by any error in —

            (a)         the description of the area, boundaries or position of a parcel of Crown land to which a certificate of Crown land title endorsed with the words “Subject to survey” relates; or

            (b)         a qualified certificate of Crown land title; or

            (c)         a document accepted for recording or registration in respect of a qualified certificate of Crown land title; or

            (d)         the order of priority of a document recorded or registered in respect of a qualified certificate of Crown land title.

        [Section 196 amended: No. 54 of 1909 s. 17 (as amended: No. 17 of 1950 s. 75); No. 81 of 1996 s. 118; No. 31 of 1997 s. 127; No. 19 of 2010 s. 51; No. 21 of 2022 s. 39.]

[ 197.         Deleted: No. 81 of 1996 s. 119.]