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High Court, in registration of title proceedings, refuses application to (1) annul the registration of an individual as full owner of the folio of a charged property; and (2) reinstate the applicant and another (as previous owners) as full owners as tenants in common in equal shares), on the grounds that: a) the alteration of a public company to a private company (as holder of the charge at the time of transfer to the individual) did not effect the rights and entitlements of the company to validly make the transfer; and b) the transfer was done in accordance with the provisions of the statutory conveyancing regime such that there is nothing untoward about such a transfer for valuable consideration by a registered owner of property.
Application to annul registration of individual as full owner - application to direct property registration authority to reinstate previous owners - applicant prior full owner as tenant in common in equal shares in 2008 - four judgment mortgages subsequently registered as burdens on folio - whether registration of individual is contrary to statute and common law - whether prior transfer from bank was illegal by virtue of a lack of any interest held by bank at time - affidavit evidence - relevant owner of charge on property at material time - whether isaac wunder order should be made against applicant - no formal ruling from property registration authority - whether application made within correct legislative scheme - re-registration of company from a public company to a private company has not had any altering effect on the rights and obligation of the company - no necessity to re-register charges on folio - transfer in favour of individual was effected in accordance with conveyancing legislation and thus clearly operated as a mortgage - power of attorney - no illegality or want of compliance - application refused.
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