Under the Real Estate Registration Act, may an objection application rely on a new fact or a new method of evidence?
General information · Not legal advice
Material to check
In practice material of this kind, we read the objection application and the grounds it states, and the documents attached as evidence for each ground. The provision turns on whether a ground rests on a new fact or a new method of evidence, so the file must show what each ground is founded on.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the bar at its word: an objection application may not be made on the basis of a new fact or a new method of evidence, so a ground resting on either cannot support the application.
Another reading notes what the provision does not reach. It does not define what makes a fact or a method of evidence "new", it does not say who may object or within what period, and it does not say what follows where one ground is new and another is not.
Your judgment
Where a ground rests on a document whose status as a new method of evidence is unclear, what in the objection papers shows whether the bar applies to that ground?
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 define what counts as a new fact or a new method of evidence, or if a court decision on this provision draws that line.