Ricetti v Registrar of Titles

In Ricetti v Registrar of Titles, the plaintiff sought to register an enduring power of attorney under the Transfer of Land Act 1893. The Registrar of Titles refused to register the document, which appointed three individuals as donees, on the basis that the Guardianship and Administration Act 1990 only permitted the appointment of two donees. The plaintiff argued that the statutory provisions did not preclude the appointment of more than two donees.

The court had to determine whether the statutory provisions of the Guardianship and Administration Act 1990 permitted the appointment of more than two donees in an enduring power of attorney. The court also had to consider whether the appointment of more than two donees was consistent with the principles of the Act, particularly the principle of promoting the autonomy of the principal.

The court found that the statutory provisions of the Guardianship and Administration Act 1990 did not explicitly limit the number of donees that could be appointed in an enduring power of attorney. The court also found that the principle of promoting the autonomy of the principal did not preclude the appointment of more than two donees. The court held that the appointment of three donees was consistent with the principles of the Act.

Accordingly, the court dismissed the summons and found in favour of the plaintiff. The Registrar of Titles was ordered to register the enduring power of attorney.