Where a registration or provisional registration is made after the rehabilitation procedure begins, on a cause that arose before it began, can its effect be asserted, and when does the proviso save it?
General information · Not legal advice
Material to check
For this exercise, the papers to read are the real estate or ship register showing the date of the registration or provisional registration, the document evidencing the registration cause and when it arose, the order commencing the rehabilitation procedure and its date, and anything showing what the registrant knew.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the bar as it stands: where the cause of registration on real estate or a ship arose before the rehabilitation procedure began, a registration or provisional registration made afterwards cannot assert its effect in relation to the rehabilitation procedure, so the procedure is not bound by it.
Another reading turns on the words limiting the bar to relations with the procedure and on the proviso: the registration is not treated as void, only unable to assert effect against the rehabilitation procedure, and a full registration by a registration right holder who did not know of the commencement keeps its effect altogether.
Your judgment
How could a file show that the registration right holder did not know of the commencement of the procedure at the moment the full registration was made?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change what the proviso requires, or if a court decision explains how a registration right holder's lack of knowledge of the commencement is to be proved.