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In This Volume

  • 314 (1) If a question arises
  • (a) respecting the performance of a duty or the exercise of a function by this Act conferred or imposed on the registrar,
  • (b) as to a matter of law or fact arising on the examination of the title to land or as to the construction or legal validity or effect of an instrument or other document,
  • (c) as to the person entitled, or as to the extent or nature of the right, title, estate, interest, power or authority of a person or class of persons, or
  • (d) as to the manner in which an endorsement ought to be made on the register,
  • the registrar may state a case for the opinion of the Supreme Court, and the stated case must include
  • (e) a short statement of the facts,
  • (f) the registrar’s reasons for referring the matter, and
  • (g) the names of the interested parties so far as the registrar knows or has been informed.
  • (2) The stated case must be filed in the court and an application without notice to any person must be made by the registrar to the court for directions respecting
  • (a) the parties to be served,
  • (b) the method of service,
  • (c) the time and place of hearing, and
  • (d) any other incidental matters.
  • (3) The court must allow a person affected by or interested in the matter to appear and may summon any other person to appear and give evidence or make a representation respecting the matter in question.
  • (4) The court, having regard to the parties appearing before it, whether summoned or not, may
  • (a) decide the question,
  • (b) direct proceedings to be instituted for that purpose, or
  • (c) direct the registrar to make such particular form of endorsement in the register as under the circumstances appears to be just.



See Di Castri, Registration of Title to Land, vol. 1, para. 113.