Townsville Port Authority v Max Locke, Registrar of Titles

In this case, the Townsville Port Authority sought to challenge a decision by the Registrar of Titles, Max Locke, who had refused to register a document as an “instrument of covenant” under section 97A of the Land Title Act 1994. The appellant sought judicial review of the Registrar’s refusal, which the primary Judge dismissed. The central issue before the court was the interpretation of the restrictive covenant and whether it related to the use of the lot or a building proposed for it, as required by the statute.

The court examined the language of the covenant in question and its purpose, as well as the context in which it was created. The primary Judge concluded that the covenant did not relate to the use of the lot or a building proposed for it, and therefore, the Registrar was correct in refusing to register it. The court found that the covenant was intended to restrict the development of adjacent properties rather than the subject lot itself, and as such, it did not meet the statutory requirement of relating to the use of the lot or a building proposed for it.

In dismissing the appeal, the court upheld the primary Judge’s decision, finding no error in the interpretation of the covenant or the application of the statutory provisions. The appeal was dismissed with costs to be assessed, affirming the Registrar’s decision not to register the instrument as an “instrument of covenant” under the Land Title Act 1994.