week six Flashcards
what do sections 58-72 of the LTA2017 cover
compensation
what do sections 58-72 of the LTA2017 cover
compensation
what is s58 of the LTA2017
compensation for loss or damage resulting from Registrar’s error or from system failure
what is s59 of the LTA2017
compensation for loss of estate or interest in land
what is s64 of the LTA2017
maximum amount of compensation for deprivation of estate or interest in land
what is s65 of the LTA2017
valuation of estate or interest in land and matters relating to onus of proof
what is s66 of the LTA2017
improvements made to land
what is s67 of the LTA2017
benefit obtained by claimant to be taken into account
what is s68 of the LTA2017
court’s discretion to adjust compensation
what is s69 of the LTA2017
contribution by claimant to loss
if you were to acquire the estate as a gift, would you still have the same rights to compensation
yes
what does the term ‘deprived of an estate or interest in land’ mean
you have lost it, it has been taken away from you
what does the term ‘is barred from bringing an action for possession’ mean
a mortgage that stops them from bringing an action
where is manifest injustice built into the compensation provisions
in s59 - compensation for loss of estate or interest in land
what is the maximum value of compensation
the same as the value of the land - e.g. the Burmeister’s could only get what the property is worth, not the whole amount of the mortgage
what date is the market value counted from, which decides the cap of compensation
the reasonable discovery date - when you found out
do improvements made to the land after the discovery date count towards the value of the land for a compensation cap
no
can a person who suffered loss due to a wrongful act or omission of the Registrar of land, or a failure in the online system, get compensation? If yes, under which provision of the LTA 2017, if no, why not?
Yes, under s58 (1)
when may a person bring a proceeding in the court against the Crown for compensation under s59 LTA 2017
if they are deprived of an estate or interest in land and if they are barred from bringing an action for possession or other action for recovery of the estate or interest
what is s58 of the LTA2017
compensation for loss or damage resulting from Registrar’s error or from system failure
what is s59 of the LTA2017
compensation for loss of estate or interest in land
what is s64 of the LTA2017
maximum amount of compensation for deprivation of estate or interest in land
what is s65 of the LTA2017
valuation of estate or interest in land and matters relating to onus of proof
what is s66 of the LTA2017
improvements made to land
what is s67 of the LTA2017
benefit obtained by claimant to be taken into account
what is s68 of the LTA2017
court’s discretion to adjust compensation
what is s69 of the LTA2017
contribution by claimant to loss
if you were to acquire the estate as a gift, would you still have the same rights to compensation
yes
what does the term ‘deprived of an estate or interest in land’ mean
you have lost it, it has been taken away from you
what does the term ‘is barred from bringing an action for possession’ mean
a mortgage that stops them from bringing an action
where is manifest injustice built into the compensation provisions
in s59 - compensation for loss of estate or interest in land
what is the maximum value of compensation
the same as the value of the land - e.g. the Burmeister’s could only get what the property is worth, not the whole amount of the mortgage
what date is the market value counted from, which decides the cap of compensation
the reasonable discovery date - when you found out (or ought reasonably to have found out) that the loss had occurred
do improvements made to the land after the discovery date count towards the value of the land for a compensation cap
no
can a person who suffered loss due to a wrongful act or omission of the Registrar of land, or a failure in the online system, get compensation? If yes, under which provision of the LTA 2017, if no, why not?
Yes, under s58 (1)
when may a person bring a proceeding in the court against the Crown for compensation under s59 LTA 2017
if they are deprived of an estate or interest in land and if they are barred from bringing an action for possession or other action for recovery of the estate or interest
under LTA2017 s67, the value of any benefit obtained by the claimant must be taken into account in considering what?
in determining the amount of compensation
when does the court have discretion to adjust compensation under LTA2017 s68
if the court considered the amount of compensation determined in accordance with sections 64 to 67 would be inadequate or excessive, the court may use the market value as at a different date to that set in section 65(1)
no compensation is payable under LTA2017 s69 for any los or damaged suffered by a claimant who?
has suffered said damage as a result of the claimant’s own fraud or as a result of the claimant’s own lack of proper care
what may be considered ‘lack of proper care’ under s69
signing an instrument or authorising the registration of an instrument without seeking independent legal advice or taking other reasonable prudent steps to ascertain the effect of the instrument
under s69 LTA2017, compensation can be reduced for?
carelessness and the claimant’s share in the responsibility for the loss or damage.
S70 relates to?
interest on the amount of compensation ordered by the court - could be 5% or the rate can be adjusted to a prescribed rate (e.g. Burmeisters weren’t saddled with 5% pa rate)
what is s72 of the LTA2017
Certain compensation recoverable from the crown as a debt - the Crown can pay off whoever but then can go chase the fraudster and they owe a debt to the crown
what is the last thing to address when answering a question?
alteration of the title - consider if the title needs altered and whether the court needs to make an order regarding the title
under s16 LTA 2017, the court may direct the registrar to
- cancel the record of title for estate or interest or cancel entry on record of title
- create a new record of title for estate or interest
- alter the record of title for estate or interest as directed by the court
what kinds of decisions can the Registrar make
only decisions in 21(1): correct his/her error, correcting error made by the person preparing or submitting document for registration, recording boundary change, giving effect to a court order
what does s21(2) say about the Registrar changing the title
Registrar must not alter register if it would materially affect the registered estate or interest of any person unless consent or no objection - everyone has to agree the registrar can make the change or correction
s59 LTA 2017 says you must be what in order to bring a proceeding in the court against the crown for compensation?
deprived of land in that they had lost all equity in it and you must be barred from bringing an action for possession/recovery
what does your equity in the land mean
what the land owes to you - often your equity (deposit usually) is smaller than the banks
why weren’t the burmeisters saddled with the rate of 5% per annum
because under s70 the rate can be adjusted to a prescribed rate
the court has discretion to adjust compensation ___ or ____
up or down
what did the Burmeisters owe the ASB bank and what was the value of Lotus Avenue in November 2013 (just before the compensation case started)
owed $640,722.91 but the value of the house was only $420,000
what was the main object of the introduction of the Torrens system through the Land Transfer Act 1870
to ensure a person dealing with land subject to the system would not be adversely affected by any weakness in the title of the registered proprietor that was transferring the land - getting rid of the difficulty and expense of investigating the chain of title in the English deeds system
what case lays out what is achieved by the Torrens system: bona fide purchaser gets an indefeasible right, notwithstanding the infirmity of his author’s title
Gibbs v Messger
in the Burmeister compensation case, the judge considered fraud a method of?
deprivation
could the burmeisters get compensation?
yes, they were deprived and barred
