JEA Holdings (Aust) Pty Ltd t/as Miller Shopping Centre v Registrar-General of New South Wales; Registrar-General of New South Wales v JEA Holdings (Aust) Pty Ltd t/as Miller Shopping Centre

JEA Holdings (Aust) Pty Ltd, trading as Miller Shopping Centre, and the Registrar-General of New South Wales were parties to proceedings before the Court of Appeal of New South Wales concerning the registration of an easement under the Torrens title system. The dispute arose from the Registrar-General's refusal to register a memorandum of transfer creating an easement, which JEA Holdings sought to have registered.

The Court of Appeal was required to determine whether the Registrar-General was correct in refusing to register the easement. Specifically, the court considered whether the memorandum of transfer constituted an "agreement, covenant or other similar instrument" within the meaning of the relevant legislation, and whether the easement, if registered, would restrict development in a manner that would diminish the value of the land. The court also had to consider whether the omission of the easement from the register, if it were to be considered omitted, would have resulted in a diminution in value for which compensation might be payable.

The Court of Appeal reasoned that the memorandum of transfer, by its nature, created rights and obligations akin to a covenant or agreement, thus falling within the scope of the statutory provisions concerning the registration of easements. The court found that the Registrar-General had correctly identified that the proposed easement would indeed restrict development and potentially diminish the value of the land. Consequently, the court upheld the Registrar-General's decision not to register the easement, applying principles of Torrens title law concerning exceptions to indefeasibility and the Registrar-General's powers and duties.

Both the appeal by JEA Holdings and the cross-appeal by the Registrar-General were dismissed, with costs awarded to the respective parties.