Victorian Current Acts

TRANSFER OF LAND ACT 1958 - SECT 109

S. 109(1) repealed by No. 9861 s. 3(1).

    *     *     *     *     *

S. 109(2) amended by No. 9861 s. 3(1).

    (2)     The Consolidated Fund shall not under any circumstances be liable—

        (a)     for any loss damage or deprivation occasioned by the breach of any trust, whether express implied or constructive;

        (b)     in any case in which the same land has been included in two or more Crown grants;

S. 109(2)(c) amended by Nos 53/1988 s. 45(Sch. 2 item 112), 18/1989 s. 12(Sch. 1 item 167).

        (c)     in any case in which any loss damage or deprivation has been occasioned by any land being included in the same folio of the Register with other land through misdescription of boundaries or parcels of any land, unless it is proved that the person liable for compensation or damages is dead or has absconded or has been adjudged bankrupt or the sheriff certifies that such person is unable to pay the full amount awarded in any action for recovery of such compensation and damages;

S. 109(2)(d) inserted by No. 53/1988 s. 45(Sch. 2 item 112).

        (d)     for any loss or damage arising out of the registration by the Registrar of a plan under the Subdivision Act 1988 which appeared to the Registrar to be certified by the Council under that Act, unless the damage arose from an act or omission of the Registrar or any officer after the date of apparent certification;

S. 109(2)(e) inserted by No. 57/1993 s. 20(2).

        (e)     for any loss or damage arising out of the registration by the Registrar of a plan under the Subdivision Act 1988 where, under section 22(1AC) of that Act, the Registrar has treated a consent or request made on behalf of the person whose consent to the registration of the plan is required as being the consent of that person, in consequence of that consent being given or that request being made without lawful authority.

S. 109(3)(a) amended by No. 9861 s. 3(1).

    (3) (a)     Whenever pursuant to this Division an amount has been paid out of the Consolidated Fund such amount may be recovered from the person actually responsible, or from his estate, as a debt by action in the name of the Registrar; and a certificate signed by the Treasurer of Victoria certifying the fact of such payment out of the Consolidated Fund shall be sufficient proof of such debt;

S. 109(3)(b) amended by No. 9861 s. 3(1).

        (b)     if such person has absconded or cannot be found the Court upon the application of the Registrar and upon production of a certificate signed by the Treasurer as aforesaid may order that the Registrar sign judgment against such person forthwith for the amount so paid out of the Consolidated Fund together with the costs of the application.

S. 109(4) amended by No. 9549 s. 2(1)(Sch. item 232), repealed by No. 9861 s. 3(1), new  s. 109(4) inserted by No. 128/1986 s. 8, amended by No. 35/1996 s. 453(Sch. 1 item 83.11(a) (b)).

    (4)     A reference in subsection (3)(a) to the person actually responsible includes but is not limited to a legal practitioner who negligently or fraudulently fails to disclose in a legal practitioner's certificate a defect in title or the existence of an estate or interest in land.

No. 5842 s. 110.