Melville-Smith v Attorney-General - [1996] 1 NZLR 596

Property law — Title — Incorrect notation on certificate of title of metric equivalent of area of land in balance certificate — Plaintiff's selling land described in the certificate with the agreement showing the metric area as noted on the certificate — Actual area of the land less than that shown — Purchasers claiming compensation for misdescription and plaintiffs agreeing to the same — Plaintiffs claiming compensation from Crown for incorrect notation on the certificate — Certificate of title also noted "Limited as to Parcels and Title" — Whether action for recovery of damages lay against Registrar — Whether any such claim statute-barred — Land Transfer Act 1952, ss 180 and 209.

Practice and procedure — Limitation of proceedings — Incorrect notation on certificate of title of metric equivalent of area of land in balance certificate — Plaintiffs selling land described in the certificate with the agreement showing the metric area as noted on the certificate — Actual area of the land less than that shown — Purchasers claiming compensation for misdescription and plaintiffs agreeing to the same — Plaintiffs claiming compensation from Crown for incorrect notation on the certificate — Certificate of title also noted "Limited as to Parcels and Title" — Whether any such claim is statute-barred — Land Transfer Act 1952. s 180.

Tort — Negligence — Contributory negligence — Incorrect notation on certificate of title of metric equivalent of area of land in balance certificate — Plaintiffs selling land described in the certificate with the agreement showing the metric area as noted on the certificate — Actual area of the land less than that shown — Purchasers claiming compensation for misdescription and plaintiffs agreeing to the same — Plaintiffs claiming compensation from Crown for incorrect notation on the certificate — Certificate of title also noted "Limited as to Parcels and Title" — Whether, if claim not statute-barred and plaintiffs not precluded by Land Transfer Act 1952, s 209, plaintiffs' claims should be reduced for contributory negligence.