Queensland Consolidated Acts

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LAND TITLE ACT 1994 - SECT 188A

188A Compensation for loss or damage

(1) This section applies if a person (the claimant) suffers loss or damage because of—

(a) the incorrect creation of an indefeasible title in the name of another person; or
(b) incorrect registration; or
(c) an error in an indefeasible title or in the freehold land register; or
(d) reliance on the incorrect state of the freehold land register; or
(e) loss, destruction or improper use of a document deposited or lodged at the land registry or held by the land registry for safe custody; or
(f) omission, mistake, breach of duty, negligence or misfeasance of or by the registrar or a member of the staff of the land registry; or
(g) the exercise by the registrar of a power in relation to an application or dealing of which the person had no connection.

(2) The claimant is entitled to compensation from the State for the loss or damage.

(3) Despite anything in subsection (1) or (2), the claimant is not entitled to compensation under this section for loss or damage caused by the incorrectness of a register kept by the registrar if the registrar may correct the register under section 15.

(4) Subsection (3) does not limit the claimant's rights to compensation otherwise than under subsections (1) and (2).



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