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In This Volume

  • 162 (1) The court may examine on oath the person summoned under section 160 and, after the examination or in the person’s absence, may order the person to produce or deliver up the instrument or other document requested by the registrar.
  • (2) If the person summoned
  • (a) refuses or neglects to comply with the order, or
  • (b) cannot be found and the summons or warrant cannot be served on the person,
  • the court may
  • (c) direct the registrar to proceed with the application pending before the registrar without the production of the instrument or other document,
  • (d) declare that the instrument or other document is deemed to be cancelled, amended or endorsed, in whole or to the extent that the registrar would have had authority to cancel, amend, or endorse it if it had been produced to the registrar on the application under section 161(1), and
  • (e) make any further order that the circumstances of the case may require.



See Di Castri, Registration of Title to Land, vol. 1, para. 109.