Thomas v Registrar-General of New South Wales

The case of *Thomas v Registrar-General of New South Wales* concerned an appeal to the Court of Appeal of New South Wales. The appellant, Mr Thomas, sought compensation from the Torrens Assurance Fund. He claimed to have suffered a loss as an equitable mortgagee due to dealings that occurred after a fraudulent withdrawal of his caveat, which ultimately led to the transfer of title to a new registered proprietor.

The central legal issue before the Court of Appeal was whether Mr Thomas was entitled to compensation under section 129 of the *Real Property Act 1900* (NSW). This required the court to determine whether the loss Mr Thomas alleged to have suffered, namely being forced to sell another property, was a direct consequence of the fraudulent dealings with the Torrens title.

The Court of Appeal reasoned that Mr Thomas had failed to establish the necessary causal link between the fraudulent dealings and his need to sell the other property. The court applied the principles of causation relevant to claims for compensation under the Torrens Assurance Fund, finding that the evidence did not demonstrate that the loss was a result of the dealings. Consequently, Mr Thomas did not satisfy the requirements for an entitlement to compensation under the Act.

The appeal was dismissed, and Mr Thomas was ordered to pay the costs of the Registrar-General.