Saade v Registrar-General (NSW)

The High Court of Australia considered an appeal by Mr Saade against a decision of the Registrar-General of New South Wales. The dispute concerned the registration of a plan of subdivision and the implications for easements. Mr Saade sought to register a plan of subdivision for his land, which included the creation of new lots and the extinguishment of existing easements. The Registrar-General refused to register the plan, asserting that the proposed extinguishment of easements was not permissible under the relevant legislation.

The central legal issue before the High Court was whether the Registrar-General had the power to refuse registration of a plan of subdivision solely on the grounds that the plan purported to extinguish existing easements, where the plan otherwise complied with the requirements of the *Real Property Act 1900* (NSW). The court was required to interpret the scope of the Registrar-General's powers and duties in relation to the registration of subdivision plans and the effect of such registration on easements.

The High Court held that the Registrar-General's role in registering a plan of subdivision was primarily administrative. The court reasoned that the *Real Property Act 1900* (NSW) did not grant the Registrar-General the authority to determine the validity or effect of easements or to refuse registration on the basis that a plan purported to extinguish them. Instead, the Act mandated registration if the plan met the formal requirements. The court emphasised that the legal effect of the plan, including the extinguishment of easements, would be determined by other provisions of the Act or by separate legal proceedings if disputed.

The High Court allowed the appeal and ordered that the Registrar-General be directed to register the plan of subdivision.