Darren v MacMahon [2012] NSWSC 760

The owners of property were a bankrupt and his wife. The trustee of the husband’s bankrupt estate contracted to sell the property and the certificates of title could not be located. The trustee sought an order directing the Registrar-General to issue new ones under section 138(3) of the Real Property Act.

The court was satisfied that the wife was aware of the application. The court made the orders, noting that any search of the property would now reveal that the current certificates of title had been cancelled and so provide protection to any person dealing with the holder of the current title documents.

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