Lincu v Registrar-General

The dispute in Lincu v Registrar-General involved the applicant, Lincu, who sought compensation from the Torrens assurance fund for the loss of interest in land due to a fraudulent breach of trust by the defendant, the Registrar-General. The matter was heard in the Supreme Court of New South Wales. The central legal issue was the interpretation of the term "breach of trust" in section 129(2)(f)(i) of the Real Property Act 1900 (NSW) and whether it encompassed fraudulent breaches of trust or was limited to situations where the breach of trust was the sole cause of the loss or damage.

The court examined the plain language of the statute and found that the term "breach of trust" was not limited to non-fraudulent breaches. The court held that the exemption from compensation applied not only when the breach of trust was the sole cause of the loss or damage, but also when the breach of trust was a contributing factor, even if not the sole cause. The court also noted that the purpose of the assurance fund was to compensate for losses resulting from errors or omissions by the Registrar-General, and that the fund should be interpreted broadly to achieve this purpose.

The court concluded that the applicant was entitled to compensation from the Torrens assurance fund. The court found that the fraudulent breach of trust by the Registrar-General was a contributing factor to the loss of interest in land, and therefore, the exemption did not apply. The court ordered that the Registrar-General pay the applicant compensation for the loss of interest in the land.