New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 74W

74W Effect of priority notice

(1) While a priority notice has effect with respect to a proposed dealing to give effect to an entitlement to an estate or interest in land, the Registrar-General must not, without the consent of the person who lodged the notice, register or record--

(a) any dealing or writ on the folio of the Register for the land, or

(b) any plan (including a plan to which section 88B of the Conveyancing Act 1919 applies) relating to the land.

(2) Despite subsection (1), the lodgment of a priority notice does not prevent the Registrar-General from registering any of the following in the Register--

(a) a dealing in registrable form that was lodged before the notice,

(b) the dealing or dealings to which the notice relates,

(c) a caveat or the withdrawal or lapsing of a caveat,

(d) a vesting or dealing effected in accordance with an order of a court or a provision of a law of this State or the Commonwealth,

(e) an application made under section 93 by an executor, administrator or trustee in respect of the estate or interest of a deceased registered proprietor,

(f) an application under section 12 of the Trustee Act 1925 or an order of a court or dealing which, in the opinion of the Registrar-General, effects or evidences a replacement of existing trustees or the appointment of new or additional trustees,

(g) an application under section 101,

(h) in relation to a mortgage, charge or covenant charge recorded or lodged in registrable form before the lodgment of the notice--a dealing effected by the mortgagee, chargee or covenant chargee in the exercise of a power of sale or other power or a right conferred by the mortgage, charge or covenant charge or by or under law,

(i) in relation to a lease recorded or lodged in registrable form before the lodgment of the notice--a dealing effected by the lessee pursuant to a right conferred by the lease or by or under law,

(j) a transfer giving effect to a sale under a writ recorded under section 105 before the lodgment of the notice.

Note : In addition to the matters referred to in this subsection, the Registrar-General is not prevented from taking action with respect to any other matters that are not dealings or plans referred to in subsection (1).

(3) If it appears to the Registrar-General that a dealing lodged during the period in which a priority notice has effect is a dealing to which the notice relates, the Registrar-General may--

(a) record the dealing in the Register if satisfied that the dealing is a dealing to which the notice relates, or

(b) request the parties to the dealing to provide such further information as the Registrar-General may require to assist in determining whether the dealing is a dealing to which the notice relates.