Full Court Minute Books

Case S263/2012

Castle Constructions Pty Limited v. Sahab Holdings Pty Ltd and Anor

Case No.


Case Information

Lower Court Judgment

5/04/2012 Supreme Court of New South Wales (Court of Appeal) (McColl, Campbell JJ and Tobias AJA)

[2012] NSWCA 72


Property – Real property – Powers of Registrar-General – On applicant's request the Registrar-General intentionally, albeit incorrectly, removed easement from applicant's property in the nature of a right of way benefitting neighbouring property – Subsequent purchaser of neighbouring property requested Registrar-General reinstate easement – Registrar-General declined – Whether, contrary to the principles of indefeasibility embodied in the Real Property Act 1900 (NSW) („the Act?) the easement should be reinstated to the Register – Whether Registrar-General has power to reinstate easement under s 12(1)(d) of the Act – Whether the term „omission? in ss 12(1)(d) and 42(1)(a1) of the Act encompasses deliberate removal of easement from the Register – Whether a court has power to reinstate easement under s 138 of the Act – Whether proceedings barred by s 12A(3) of the Act by reason of a failure to respond to notice of intention to remove the easement.

Short Particulars


07/09/2012 Hearing (SLA, Sydney)

20/09/2012 Notice of appeal

27/09/2012 Notice of cross-appeal

02/10/2012 Written submissions (Appellant)

02/10/2012 Notice of Contention

03/10/2012 Chronology (Appellant)

03/10/2012 Written submissions (Second Respondents)

23/10/2012 Written submissions (First Respondents)

05/11/2012 Reply (Appellant)

30/10/2012 Reply (Second Respondent)

12/11/2012 Reply in Cross Appeal (First Respondents)

18/12/2012 Supplementary submissions (First Respondent)

23/01/2013 Reply to supplementary submissions (Appellant)

23/01/2013 Reply to supplementary submissions (Second Respondent)

25/01/2013 Chronology (First Respondents)

29/01/2013 Chronology (Second Respondents)

06/02/2013 Hearing (Full Court, Canberra)

10/04/2013 Judgment  (Judgment summary)

30/10/2013 Judgment [No 2]