Elroa Nominees P/L v Registrar of Titles and Ors; Cayman Quays P/L v State of Qld

Two property developers, Elroa Nominees P/L and Cayman Quays P/L, were involved in a dispute concerning the validity of land titles and the effect of a Deed of Grant on their ownership. The case was heard by the Supreme Court of Queensland, which had to determine whether the re-survey of land created new lots, and if the Deed of Grant was defective due to the description of land in the register. The central issue was whether the certificate of title issued under the Torrens system was conclusive evidence of the registered proprietor's title, despite discrepancies in the land description.

The court considered the principles of indefeasibility of title, which is a fundamental aspect of the Torrens system. It examined the role of the certificate of title as conclusive evidence of the registered proprietor's title, and whether this principle could be overridden by evidence of a mistake in the land description. The court also assessed whether the re-survey of the land resulted in the subdivision of freehold land into new lots, and if this had any impact on the validity of the Deed of Grant. Furthermore, the court had to determine the effect of the Deed of Grant on the ownership of the land, and whether it was defective due to the description of land in the register.

The court found that the re-survey of the land did not result in the creation of new lots, and that the Deed of Grant was not defective due to the description of land in the register. The court held that the certificate of title was conclusive evidence of the registered proprietor's title, and that the principle of indefeasibility of title could not be overridden by evidence of a mistake in the land description. The court dismissed both appeals and denied the application for an extension of time to appeal, with costs awarded against the applicants. This decision reinforces the importance of accurate land descriptions and the indefeasibility of title in the Torrens system.