New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 74E

74E Powers of Registrar-General where caveator fails to prosecute proceedings to establish title to estate or interest claimed in caveat

(1) Where a caveator has lodged with the Registrar-General a notice in accordance with section 74C (1) (b) (ii) to the effect that the caveator has taken proceedings as referred to in section 74C (1) (b), but those proceedings have not, within such period as appears to the Registrar-General to be reasonable in the circumstances, been continued to a stage that has resulted in a judgment or an order by the court in which the proceedings are pending, the Registrar-General may--

(a) serve on the caveator, or

(b) if service is for any reason not practicable--cause to be exhibited on the land affected by the caveat,

a notice to the effect that, after the expiry of 1 month after the day on which the notice was so served or first exhibited, the caveat will lapse unless, before the end of that period--

(c) an order of the Supreme Court extending the operation of the caveat,

(d) an injunction granted by that Court restraining the Registrar-General from proceeding to bring under the provisions of this Act the land to which the caveat relates, or

(e) an office copy of such an order or injunction,

is lodged with the Registrar-General.

(2) Where--

(a) the Registrar-General has served or caused to be exhibited a notice under subsection (1), and

(b) no order or injunction as referred to in that subsection, or office copy of such an order or injunction, is lodged with the Registrar-General before the expiry of 1 month after the day on which the notice was served or first exhibited,

the caveat lapses at the end of that period.