Sahab Holdings Pty Ltd v Registrar-General (No 3)

In Sahab Holdings Pty Ltd v Registrar-General (No 3), the appellant, Sahab Holdings Pty Ltd, appealed to the Court of Appeal of New South Wales against orders made by Slattery J. The dispute concerned the erroneous omission of a right of way from the Register under the *Real Property Act 1900* (NSW). The Registrar-General was the first respondent, and the owner of the dominant tenement was the second respondent.

The primary legal issues before the Court of Appeal were whether the right of way had been erroneously omitted from the Register, and if so, what orders should be made to rectify the Register and the associated certificates of title. The court was also required to determine the appropriate costs orders, particularly in light of the second respondent's late reliance on a provision of the *Real Property Act 1900* and a defensive cross-appeal.

The Court of Appeal found that the right of way had indeed been erroneously omitted from the Register when the Registrar-General acceded to a request lodged by the second respondent. The court applied the principles of the *Real Property Act 1900* concerning the correction of errors in the Register, particularly where an indefeasible title has not yet been created based on the erroneous registration. The court allowed the appeal, setting aside certain orders of the primary judge and making declarations and orders to restore the right of way to the Register and to ensure the delivery up and amendment of the relevant certificates of title. The court also made detailed orders regarding the costs of the proceedings at first instance and the appeal, including a certificate under the *Suitors' Fund Act 1951* (NSW) for the second respondent in respect of the appeal costs.