s. 110 been a party or privy to the application or dealing in connexion with which such power was exercised— shall be entitled to be indemnified. (1A) Section 109(2)(c) does not apply to a person S. 110(1A) inserted by entitled to be indemnified under subsection (1)(aa) No. 128/1986 of this section. s. 9(2). (2) Any person claiming to be so entitled may bring an action against the Registrar as nominal defendant for recovery of damages or join the Registrar as nominal co-defendant in any action brought by such person in respect of such loss against any other person and the Registrar may join any other person as co-defendant in any such proceedings. (3) No indemnity shall be payable under this Act— (a) where the claimant his legal practitioner, S. 110(3)(a) amended by conveyancer or agent caused or substantially Nos 18/1989 contributed to the loss by fraud neglect or s. 12(Sch. 1 item 169), wilful default or derives title (otherwise than 35/1996 under a disposition for valuable s. 453(Sch. 1 item 83.12(b)), consideration which is registered in the 75/2006 s. 192(Sch. 2 Register) from a person who or whose legal item 6.5) (as practitioner, conveyancer or agent has been amended by No. 17/2007 guilty of such fraud neglect or wilful default s. 33). (and the onus shall rest upon the applicant of negativing any such fraud, neglect or wilful default); (b) on account of costs incurred in taking or defending any legal proceedings without the consent of the Registrar, except any costs which may be awarded against the Registrar, except any costs which may be awarded against the Registrar in any proceedings in which the Registrar is a party;
been a party or privy to the application or dealing in connexion with which such power was exercised— shall be entitled to be indemnified. S. 110(1A) inserted by No. 128/1986 s. 9(2). (1A) Section 109(2)(c) does not apply to a person entitled to be indemnified under subsection (1)(aa) of this section. (2) Any person claiming to be so entitled may bring an action against the Registrar as nominal defendant for recovery of damages or join the Registrar as nominal co-defendant in any action brought by such person in respect of such loss against any other person and the Registrar may join any other person as co-defendant in any such proceedings. s. 110 (3) No indemnity shall be payable under this Act— S. 110(3)(a) amended by Nos 18/1989 s. 12(Sch. 1 item 169), 35/1996 s. 453(Sch. 1 item 83.12(b)), 75/2006 s. 192(Sch. 2 item 6.5) (as amended by No. 17/2007 s. 33). (a) where the claimant his legal practitioner, conveyancer or agent caused or substantially contributed to the loss by fraud neglect or wilful default or derives title (otherwise than under a disposition for valuable consideration which is registered in the Register) from a person who or whose legal practitioner, conveyancer or agent has been guilty of such fraud neglect or wilful default (and the onus shall rest upon the applicant of negativing any such fraud, neglect or wilful default); (b) on account of costs incurred in taking or defending any legal proceedings without the consent of the Registrar, except any costs which may be awarded against the Registrar, except any costs which may be awarded against the Registrar in any proceedings in which the Registrar is a party;
58-6399a165.docx