Beames v Leader

In the Supreme Court of Queensland, Douglas McLeod Beames applied for judicial review of a decision by the Registrar of Titles, Loren Leader, to refuse registration of a survey plan prepared by licensed surveyor George Enever Pty Ltd. The application was brought under the Judicial Review Act 1991 and raised nine grounds for review. The applicant argued that the Registrar's decision to refuse registration was unlawful because it was based on an incorrect interpretation of the law, an erroneous application of the onus of proof, and a failure to consider relevant evidence. The Registrar argued that he had a discretion to refuse registration where there were doubts about the accuracy of the survey plan, particularly in relation to the boundary of the land abutting Norman Creek. The court found that the Registrar had erred in law by incorrectly concluding that the 1915 survey fixed the Norman Creek boundary of the land by reference to mean high water mark, placing undue emphasis on the extent of the accretions, and starting his enquiry from the premise that the 1915 survey showed the correct Norman Creek boundary of the land. The court held that the Registrar's decision to refuse registration was unlawful and set it aside. However, the court did not direct the Registrar to register the survey plan, as it considered it appropriate for the Registrar to have the opportunity to consider the reasons and evidence led in support of the application before making a decision. The court ordered that the decision of the respondent be set aside and invited the parties to make submissions as to costs.