CIVIL RIGHTS AND REMEDIES
—(1) From the fees which are collected by the Registrar under this Act, the Authority shall set apart the proportion prescribed from time to time by rules made under this Act to constitute an assurance fund, from which shall be paid —
any sum necessary to compensate claimants under section 155; and
such other disbursements as are directed or authorised to be paid, or expressed to be recoverable, from that fund.
(2) The Registrar may authorise payment from the assurance fund of any claim for compensation not exceeding $1,000.
(3) A claim for compensation exceeding $1,000 shall be paid from the assurance fund only on the authority in writing of the Minister or on a determination by the court.
(4) If the amount to the credit of the assurance fund is inadequate to meet any claim, the deficiency shall be charged on and paid out of the Consolidated Fund.
(5) The assurance fund shall not be liable to compensate any person suffering loss, damage or deprivation occasioned by the breach by a proprietor of any trust.
—(1) If, upon the application of any person to have land brought under the provisions of this Act, or to have any instrument registered or notified, or to have any certificate of title or other instrument issued, or to have performed or done by the Registrar any act or duty which by this Act is prescribed to be performed or done by him, the Registrar refuses to comply therewith, or if that person is dissatisfied with any requisition made or direction given by the Registrar which the Registrar refuses to withdraw, the person may —
require the Registrar to set forth in writing under his hand the grounds of his refusal; and
if he thinks fit, summon the Registrar to appear before the court to substantiate and uphold the grounds of his refusal.
(2) Such a summons shall be issued under the hand of a judge of the court and served upon the Registrar at least 6 clear days before the day appointed for hearing the complaint of that person, and at the hearing, counsel for the Registrar shall have the right of reply.
(3) The court may, if any question of fact is involved, direct an issue to be tried to decide that fact, and the court shall make such order in the circumstances as the case may require, and the Registrar shall obey that order.
(4) Upon any summons or proceedings under this section, the court may make such order as to costs and expenses as it thinks just, and any costs or expenses to be paid by the Registrar shall be paid out of the assurance fund.
—(1) Whenever any question of difficulty arises with regard to the performance of the duties, or the exercise of the functions, of the Registrar, he may state a case for the opinion of the court, and the court may give its judgment thereon, and that judgment shall be binding on the Registrar.
(2) In order that a case stated under this section may be fully argued, the court may, upon the application of the Registrar, or of any person interested in the subject-matter of the case, or of any other person or body to whom the court may give leave, certify that a question of public importance is involved and that the costs of the suit, or of some of the persons appearing in the suit, shall be paid out of the assurance fund.
—(1) No action of ejectment or other action for the recovery of registered land shall lie or may be sustained against the proprietor thereof except in the case of —
a mortgagee against a mortgagor in default;
a chargee against a chargor in default;
a lessor against a lessee in default;
a person deprived of land by fraud against the person who has become registered as proprietor of the land by fraud, or against any person claiming through that proprietor otherwise than as a purchaser; or
a re-entry or forfeiture upon breach of a covenant or condition contained or implied in a State title.
(2) In any action under this section, the court may make such order for the cancellation of any folio or of any entry therein, or for the recovery of possession of the land, as the circumstances of the case may require.
(3) In any action based on fraudulent deprivation, the court may make an order for payment of damages either in addition to or in substitution for an order for the recovery of land.
(4) On making an order under this section, the court shall have regard to any improvements which may have been made to the land subsequently to the deprivation, and to the conduct of the parties, and may, if it sees fit, put the successful party on terms of paying compensation.
(5) For the purposes of this section, any unlawful acquisition of land, whether by a person purporting to act under statutory authority or otherwise, shall be deemed to be fraudulent.
—(1) Subject to subsection (3), any person who is deprived of land or sustains loss or damage through any omission, mistake or misfeasance of the Registrar, or any member of his staff, in the bringing of the land under the provisions of this Act or in the registration of any instrument, and who is barred by this Act from bringing any action for the recovery of land, proceeds of the sale of land, moneys secured by a registered mortgage or interests protected by a caveat notified on a folio, may bring an action for the recovery of damages against the assurance fund.
(2) In any action for the recovery of damages or compensation, whether for deprivation or for error or otherwise, the court shall take into consideration the fact that the claimant’s own neglect, default or incaution may have caused or contributed to the deprivation, loss or damage, and in any such case may withhold or abate damages or compensation accordingly.
(3) No compensation shall be paid out of the assurance fund under any circumstances for any loss, damage or deprivation occasioned by —
the issue of a qualified folio for the land brought under the provisions of this Act;
any incorrect description of the parcels, the boundaries or dimensions (including area) of any land provided by the Chief Surveyor or any incorrect particulars of the alienation of the land forwarded by the Collector to the Registrar; or
any incorrect description or lack of description of the parcels or dimensions (including area) of any land or a strata lot where no survey has been carried out.
(4) For the purposes of this section, any person who may bring an action for the recovery of land, proceeds of sale of land or moneys secured by a registered mortgage or charge, or interests protected by a caveat notified on a folio shall be deemed not to have been deprived of the land or suffered any loss or damage, as the case may be.
(5) Any person in respect of whom a folio has been created for his land under any of the provisions of this Act shall be deemed to be the person by whom the land comprised in that folio was brought under the provisions of this Act and who derived benefit therefrom.
(6) On receipt of a notice, the Registrar shall be entitled to appear in any such action and may offer to compensate any party to the action out of the assurance fund.
(7) On any such offer being made, further action shall be limited to determination of the compensation to be paid.
—(1) Any person intending to claim against the assurance fund shall, not less than 14 days before the commencement of the action, serve notice of his claim on the Registrar as nominal defendant, stating the grounds on which his claim is made and the amount claimed.
(2) The Registrar may tender in settlement of the claim the amount claimed or any lesser amount, and if the claimant rejects that tender and fails later to recover damages exceeding the amount tendered by 20% of that amount, he shall pay, in addition to his own costs, the costs of the Registrar in defending the action.
(3) If in any such action the plaintiff recovers final judgment against the Registrar, then the court shall certify the fact of the judgment and the amount of damages and costs recovered, and the amount of those damages and (except as provided in subsection (2)) those costs shall be —
paid to the person recovering them; and
charged to the account of the assurance fund.
(4) In all other cases, the Registrar’s costs shall be payable by the plaintiff.
(5) Notwithstanding anything to the contrary in section 155, any person deprived of land to a value of not more than $1,000, or sustaining loss or damage of not more than that amount, may claim against the assurance fund in the first instance and the Registrar may settle or compound the claim.
—(1) Notwithstanding anything in this Act, no purchaser who has become a proprietor shall be subject to action for the recovery of land or of money on the plea that his vendor, or any predecessor in title, may have acted in bad faith.
(2) Neither the Authority, the Registrar nor any person acting under it or his authority shall be personally liable in respect of any action, suit or proceeding in respect of any act or matter in good faith done or omitted to be done in the administration of this Act.
—(1) No action under section 155 shall lie unless such action is commenced within 12 years from the date on which the deprivation occurred or the loss or damage was sustained.
(2) Where an action for deprivation, loss or damage has been commenced against any person within the period of 12 years referred to in subsection (1), an action against the assurance fund for the same cause may be commenced within one year after the discontinuance of the former action, notwithstanding that the period of 12 years may have expired.
(3) Any person under the disability of infancy or mental incapacity may bring such an action within 12 years of the date on which the disability ceases.
(4) Notwithstanding this section, the Authority may, with the approval of the Minister, waive any immunity of the assurance fund hereinbefore conferred.
—(1) The Registrar may, upon such evidence as appears to him sufficient, correct errors and omissions in the land-register.
(2) Without prejudice to the generality of the powers under subsection (1), the Registrar, of his own motion, or at the request of the aggrieved proprietor, may —
correct any folio which is erroneous because of the entry of a mis-spelt name, or of the inclusion of land already included in a prior folio, or of the wrong description of parcels or of the boundaries or dimensions (including the area) of the land;
correct any erroneous entry or endorsement in the land-register;
add to the land-register any matter which has been erroneously omitted; or
where it is not practicable to make corrections to any folio, cancel the folio and create a new folio with the corrections made thereon.
(3) Any correction to a manual folio shall be made in such manner as to leave the erroneous matter legible and show the date the correction was made and shall be authenticated by the Registrar’s signature or initials and any correction to a computer folio shall be made in such manner as to show the exact nature of the correction and the date of the correction.
(4) In any case in which the Registrar corrects the land-register, he shall have regard to any improvements to the land which may have been made since the occurrence of the error and, where 2 or more titles are involved, he may correct that folio, entry or endorsement which in his opinion involves the least loss to the assurance fund.
(5) Any person who, having dealt on the faith of an erroneous registration, has suffered loss or damage by the exercise of the power conferred on the Registrar by this section shall, subject to section 158, be entitled to be compensated from the assurance fund for the land of which he has been deprived and for any improvement made thereon by him or by any predecessor in title, and may bring an action for the recovery of such compensation.
(6) Any person having custody of a certificate of title, subsidiary certificate of title or duplicate lease required for correction may be summoned by the Registrar to deliver that certificate of title, subsidiary certificate of title or duplicate lease to him, and upon that person refusing or neglecting to do so, the Registrar may apply to the court for an order requiring that person to show cause why the certificate of title, subsidiary certificate of title or duplicate lease should not be so delivered, and the court may make such order as the circumstances of the case require.
(7) When any person so summoned neglects or refuses to show cause, or to deliver up the certificate of title, subsidiary certificate of title or duplicate lease, as directed by the court, the Registrar may, if the circumstances of the case so require, issue a new certificate of title or a new subsidiary certificate of title in the same manner, and having the same effect, as provided by section 43 in the case of certificates of title, subsidiary certificates of title or duplicate leases which have been lost, mislaid, destroyed or that are being improperly or wrongfully withheld.
(8) In this section, “correction” includes cancellation and the addition of matter which has been omitted.
(9) For the purposes of section 158, time shall not run against any person entitled to compensation for loss or damage by reason of a correction under this section until the Registrar has given him notice that the correction has been made.
—(1) Subject to subsection (2), the court may order rectification of the land-register by directing that any registration be cancelled or amended in any of the following cases:
where 2 or more persons have, by mistake, been registered as proprietors of the same registered estate or interest in the land comprised in a folio;
where the court is satisfied that any registration or notification of an instrument has been obtained through fraud, omission or mistake; or
(2) The land-register shall not be rectified so as to affect the registered estate or interest of a proprietor who is in possession unless that proprietor is a party or privy to the omission, fraud or mistake in consequence of which the rectification is sought, or has caused that omission, fraud or mistake or substantially contributed thereto by his act, neglect or default.