§ 152 — Registrar may be summoned for refusal to register instruments, etc.

152.—(1) If, upon the application of any person to have land brought under the provisions of this Act, or to have any instrument registered or notified, or to have any certificate of title or other instrument issued, or to have performed or done by the Registrar any act or duty which by this Act is prescribed to be performed or done by him or her, the Registrar refuses to comply therewith, or if that person is dissatisfied with any requisition made or direction given by the Registrar which the Registrar refuses to withdraw, the person may —(a)

require the Registrar to set forth in writing under his or her hand the grounds of his or her refusal; and

(b)

if the person thinks fit, summon the Registrar to appear before the court to substantiate and uphold the grounds of his or her refusal.

(2) Such a summons is to be issued under the hand of a judge of the court and served upon the Registrar at least 6 clear days before the day appointed for hearing the complaint of that person, and at the hearing, counsel for the Registrar has the right of reply.

(3) The court may, if any question of fact is involved, direct an issue to be tried to decide that fact, and the court may make such order in the circumstances as the case may require, and the Registrar must obey that order.

(4) Upon any summons or proceedings under this section, the court may make such order as to costs and expenses as it thinks just, and any costs or expenses to be paid by the Registrar are to be paid out of the assurance fund.

—(1) If, upon the application of any person to have land brought under the provisions of this Act, or to have any instrument registered or notified, or to have any certificate of title or other instrument issued, or to have performed or done by the Registrar any act or duty which by this Act is prescribed to be performed or done by him or her, the Registrar refuses to comply therewith, or if that person is dissatisfied with any requisition made or direction given by the Registrar which the Registrar refuses to withdraw, the person may —(a)

require the Registrar to set forth in writing under his or her hand the grounds of his or her refusal; and

(b)

if the person thinks fit, summon the Registrar to appear before the court to substantiate and uphold the grounds of his or her refusal.

(2) Such a summons is to be issued under the hand of a judge of the court and served upon the Registrar at least 6 clear days before the day appointed for hearing the complaint of that person, and at the hearing, counsel for the Registrar has the right of reply.

(3) The court may, if any question of fact is involved, direct an issue to be tried to decide that fact, and the court may make such order in the circumstances as the case may require, and the Registrar must obey that order.

(4) Upon any summons or proceedings under this section, the court may make such order as to costs and expenses as it thinks just, and any costs or expenses to be paid by the Registrar are to be paid out of the assurance fund.