New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 173

173 Orders of court conclusive

(1) An order of the Supreme Court made or purporting to be made under any statutory or other jurisdiction shall not, as against a purchaser, be invalidated on the ground of want of jurisdiction, or want of any party concurrence, consent, notice, or service, whether the purchaser has notice of any such want or not.
Provided that--

(a) an order made or purporting to be made in pursuance of the Settled Estates Act 1886 , or Part 4 of the Conveyancing and Law of Property Act 1898 , shall not by this section be validated as against any estate or interest claimed otherwise than under or through the settlement in relation to which the order was made, and

(b) an order made in proceedings for partition shall not by this section be validated as against any estate or interest which is not an undivided share or an estate or interest in an undivided share of the entire estate or interest which the order purports to affect, and

(c) an order made in proceedings for foreclosure or otherwise at the suit of a mortgagee or chargee as such shall not by this section be validated as against any estate or interest not claimed under or through the person by whose act or default the mortgage or charge in relation to which the order was made was created, or as against any estate or interest having priority to such mortgage or charge, and

(d) an order in any other case shall not by this section be validated against a person not a party to, and not apart from this section, otherwise bound by the proceedings in which the order was made, if the effect of the order or of anything done in pursuance of the order or the combined effect of the order and anything done in pursuance of the order, but for this proviso, would be to deprive such person of an estate or interest and prevent such person from receiving the whole or any part of the proceeds of any transaction carried out in pursuance of the order, and

(e) in any case an order to the extent to which it expressly excludes any person from its operation shall not by this section be validated against that person.

(1A) In subsection (1),
"charge" means a charge imposed on land under section 88F.

(2) This section shall have effect with respect to any lease, sale, or other act under the authority of such Court and purporting to be in pursuance of the Settled Estates Act 1886 , or Part 4 of the Conveyancing and Law of Property Act 1898 , notwithstanding any exceptions in either of those Acts.

(3) This section applies to all orders made before or after the commencement of this Act except any order which has, before the commencement of this Act, been set aside or determined to be invalid on any ground, and except any order as regards which any action, suit, or other proceeding is, at the commencement of this Act, pending for having it set aside or determined to be invalid.