Saade v Registrar-General

The applicant, Mr Saade, sought special leave to appeal to the High Court of Australia against a decision concerning the *Real Property Act 1900* (NSW). The dispute arose from an action for damages brought by Mr Saade, who alleged he had been deprived of land in consequence of fraud. The core of the matter involved the interpretation of provisions within the Act that allowed for recovery of damages from the Registrar-General in certain circumstances.

The legal issues before the Court concerned the interpretation of s 126 of the *Real Property Act 1900* (NSW), particularly subsections (2), (3), (4), and (5). Specifically, the Court was required to determine who constituted "the person upon whose application the erroneous registration was made" and "the person who acquired title to the land... through the fraud" for the purposes of bringing an action for damages. Further, the Court had to consider the circumstances under which an action could be brought against the Registrar-General, particularly when the primary persons liable were dead, bankrupt, or could not be found, and whether this applied where both the transferor and transferee were allegedly involved in the fraud.

The applicant argued that s 126(3) identified the transferor as the person upon whose application the certificate of title was issued, thereby confirming that Mr Saade was the relevant party. The applicant contended that s 126(5) provided a pathway to sue the Registrar-General when the person liable for damages was deceased, bankrupt, or could not be found. The Court considered the structure of s 126, noting that it provided for actions against the person who procured the erroneous registration or who acquired title through fraud, and that s 126(3) clarified the former. The Court also examined the conditions under which liability ceased or an action could be brought against the Registrar-General under s 126(5), including the ambiguity surrounding "the person liable for damages" when multiple parties might be involved in the fraud.