How is process giving required outcomes to people in valuation?

At present we consider that where the register is rectified in respect of an error or omission  (within section 82 LRA 1925) in the commonhold registration the indemnity provisions  under section 83 LRA 1925 would apply In other instances it will be for the court to  consider whether damages or compensation are payable between the parties to make good  the loss suffered by one party.

We think that the court should consider whether there has  been any delay by one party in exercising his rights, whether there has been any  misrepresentation or fraud, any reliance placed by one party on a representation made by  another and the effect on third parties. In other words the court will have to balance the  equities between the parties, and also take into account the rights of third parties. Where there has been a registration in error within the meaning of section 82 the  existing system established by that clause should be preserved.

Such circumstances could include the need for rectification  of the commonhold documents, or the failure to obtain consents from third  parties with interests in the land, or the passage of time since the error was  made. Rectification under the Land Registration Act 1925 is not retrospective in effect,  but consultees are invited to say whether rectification of the commonhold  documents could be retrospective. View source : Valuations VIC

Consultees are invited to consider whether there may need to be another  mechanism for correcting cases that do not come within the ambit of the current  section 82, for example where there has been a failure to comply with the Bill in  the creation of the commonhold. These cases would not come within the present  amendment to section 82 but would require a separate application to the court as a  result of which the court may order rectification of the register.