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PIRIE v REGISTRAR-GENERAL [1962] HCA 58 (1962) 109 CLR 619 (30 November 1962)
The registered proprietor of the land asked the Registrar- General to cancel a notification on their certificate of title and the RG refused. The High Court ruled in the land owner’s right.
“….it seems to me that it is not for the Registrar-General to decide whether an entry should be cancelled because it was not authorized by s. 88(3) and then to act upon his own decision, ……”
“It follows, I think, that the Registrar-General whose duty it is to put no unauthorized entries in the register book is under a corresponding duty to remove any that ought not to be there.”
“………the Registrar-General had, in effect, refused – and refused improperly – to issue to the applicant a certificate of title under the Act.”