A few days later the proposed transferors obtained an order nisi for a mandamus to the Registrar of Titles directing him to register the transfer and memoranda of mortgage. The order nisi was subsequently made absolute by the judge. From this order the Registrar brought the appeal before the High Court by special leave. It was argued on behalf of the Registrar that the facts within his knowledge as Registrar showed that the transaction was a breach of trust and secondly he was justified in refusing to register the documents. On this Knox C.J. in his judgment at page 53 said:

"What is his duty in such a case? Must he register the dealing, or is he entitled to refuse to register? In my opinion where it has come to the knowledge of the Registrar that a dealing lodged for registration is a breach of trust, or that for any other reason the person dealing with the land as registered proprietor is not competent at law or in equity to deal with it in the manner proposed, it is his duty to refuse to register. I do not suggest nor was it contended that where the Registrar merely suspects that the dealing may be a breach of trust or otherwise improper, but knows no facts to justify him in con

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