Biseja Pty Ltd v NSI Group Pty Ltd

In the matter of Biseja Pty Ltd v NSI Group Pty Ltd, the dispute arose in the Supreme Court of Victoria. Biseja Pty Ltd sought an order to remove the recording of writs on their Torrens Title land, which had been executed by NSI Group Pty Ltd. The plaintiffs argued that the recording of the writs should be removed as it was not authorised by the Real Property Act 1886 (Vic). The defendants contended that the recording of the writs was proper and should remain in place.

The primary legal issue before the court was whether the recording of the writs on the plaintiffs' Torrens Title land was lawful under the Real Property Act. The court had to determine whether the act authorised the recording of writs on Torrens Title land and, if so, under what circumstances. Additionally, the court needed to decide whether the recording of the writs had any effect on the plaintiffs' title and if it should be removed.

The court considered the provisions of the Real Property Act and relevant case law to address these issues. It found that the act did not explicitly authorise the recording of writs on Torrens Title land, and such recordings were generally not permitted unless expressly allowed by statute. The court also held that the recording of the writs had the effect of clouding the plaintiffs' title, which was an undesirable outcome. Based on these findings, the court granted the plaintiffs' application and ordered the removal of the recorded writs from their Torrens Title land. The defendants were required to comply with the order within a specified timeframe.