Western Australian Current Acts Western Australian Current Acts (1) Any person
deprived of land or of any estate or interest in land in consequence of fraud
or through the bringing of such land under the operation of this Act or by the
registration of any other person as proprietor of such land estate or interest
or in consequence of any error or misdescription in any certificate of title
or in any entry or memorandum in the Register may bring and prosecute an
action at law for the recovery of damages against the person upon whose
application such land was brought under the operation of this Act or such
erroneous registration was made or who acquired title to the estate or
interest through such fraud error or misdescription.
(2) Despite subsection
(1) except in the case of fraud or of error occasioned by any omission
misrepresentation or misdescription in the application of such person to bring
such land under the operation of this Act or to be registered as proprietor of
such land estate or interest or in any instrument signed by him such person
shall upon a transfer of such land bona fide for value cease to be liable for
the payment of any damage beyond the value of the consideration actually
received which but for such transfer might have been recovered from him under
the provisions herein contained.
(3) In such
last-mentioned case and also in case the person against whom such action for
damages is directed to be brought as aforesaid shall be dead or shall have
been adjudged bankrupt or cannot be found within the jurisdiction of the
Supreme Court then and in any such case such damages with costs of action may
be recovered from the State by action against the Registrar as nominal
defendant.
(4) All damages and
costs to be paid by the State under this section shall be charged to the
Consolidated Account and this section appropriates the Consolidated Account
accordingly.
(5) In estimating such
damages the value of all buildings and other improvements erected or made
subsequently to the deprivation shall be excluded.
[Section 201 amended: No. 81 of 1996 s. 120 and
145(1); No. 77 of 2006 s. 4; No. 19 of 2010 s. 51.]