Walter & Anor v RMPAT & Anor

The High Court of Australia considered an appeal by Walter and another party against decisions of the respondent, the Registrar of the Real Property Administration Tribunal (RMPAT), and a third party. The dispute concerned the validity of certain charges registered against land owned by the appellants.

The central legal issue before the High Court was whether the RMPAT had the power to make orders that had the effect of creating a charge over land, and if so, under what circumstances. This involved an interpretation of the relevant provisions of the *Real Property Act 1886* (SA) and the *Real Property Administration Tribunal Act 2000* (SA).

The High Court held that the RMPAT did not have the statutory power to create a charge over land. Their Honours reasoned that the *Real Property Administration Tribunal Act 2000* (SA) did not grant the Tribunal such a power, and that the *Real Property Act 1886* (SA) prescribed specific mechanisms for the creation and registration of charges, none of which were invoked or authorised by the RMPAT's orders. The Court emphasised that the creation of proprietary interests, such as charges, must be clearly authorised by statute.

The appeal was allowed, and the orders of the RMPAT creating the charges were set aside.