Sahab Holdings Pty Ltd v Registrar-General (No 2)

Sahab Holdings Pty Ltd (the applicant) sought to set aside a notice of motion filed by the Registrar-General (the second respondent) in the New South Wales Court of Appeal. The dispute concerned the interpretation of provisions within the *Real Property Act 1900* (NSW), specifically in relation to the Registrar-General's ability to alter the Register and the consequences of such alterations.

The central legal issues before the Court were the scope and effect of section 12A(3) of the *Real Property Act 1900*, which limits the ability to bring an action against the Registrar-General where the Register has been altered. The Court was required to determine whether this prohibition extended to actions brought under other provisions of the Act, such as sections 122 and 138, and to consider the meaning of the phrase "through or under" in the context of section 12A(3). Additionally, the Court examined whether section 12(3)(b) of the Act conferred accrued rights that would be affected by the operation of section 138.

The Court held that section 12A(3) did not preclude actions against the Registrar-General under sections 122 and 138 of the *Real Property Act 1900*. It reasoned that the prohibition in section 12A(3) was confined to specific circumstances and did not override the broader remedial provisions of the Act. The Court further found that section 12(3)(b) did not create accrued rights that would prevent the operation of section 138, particularly where indefeasibility of title had not yet been established.

The Court dismissed the notice of motion filed by the Registrar-General and reinstated the orders made on 15 December 2011, with a variation to the date specified in those orders.