Yuejin Guo v Bank of China Limited

Yuejin Guo (the applicant) sought leave to appeal against a decision of the Supreme Court of New South Wales concerning the execution of a mortgage over Torrens title land. The dispute arose from a court order that empowered "the Registrar" to execute a mortgage, which was subsequently executed by a Deputy Registrar. The applicant contended that a Deputy Registrar was not authorised to execute the mortgage in place of "the Registrar".

The central legal issue before the Court of Appeal was whether the term "the Registrar" in the court order authorising the execution of the mortgage included or encompassed a Deputy Registrar. This required an interpretation of the relevant legislation, specifically section 19 of the *Civil Procedure Act 2005* (NSW), and the nature of the office of the Registrar in the context of the Torrens system.

The Court of Appeal, in dismissing the summons, reasoned that the *Civil Procedure Act 2005* (NSW) and the *Real Property Act 1900* (NSW) contemplate that a Deputy Registrar can perform the functions of the Registrar. The Court found that the order empowering "the Registrar" to execute the mortgage was validly carried out by the Deputy Registrar, as the Deputy Registrar was capable of acting as and for the Registrar. Therefore, the execution of the mortgage was lawful.

Leave to appeal was refused, and the summons was dismissed with costs.